We all know and can vividly remember the nerve-wracking experience of participating in an interview. The brain fog and unsettled stomach are all interview side-effects which cause candidates to enter into panic mode. One common cause which creates these anxiety filled side-effects includes the fear of not being able to answer the proposed interview questions.
Although most applicants prepare extensively for a whole array of difficult questions, there will always be one or two surprise questions which the applicant does not prepare for. Generally, applicants will be able to think on their feet in order to come up with a successful answer, however, some interview questions which are completely unexpected can throw applicants into panic mode. But what happens when this unexpected question borders on discrimination?
Based on an article published in 2017, one in four UK professionals have been discriminated against in an interview. The survey contained a group of 1200 workers and was conducted with the aim to reveal how many professionals in the UK had been affected by interview discrimination. A surprisingly large amount of 51.5% of the workers didn’t know their rights when it came to interview discrimination. It is important to shed some light on these interview rights so that future candidates can recognise potential elements of discrimination.
When asked why they felt discriminated against, the following results were recorded:
Because of their age: 39.3%
Because of their race: 10%
Because of their gender: 8.9%
Because of their disability: 6.7%
Because of the school or university that they attended: 3.7%
It should be noted that interviewers can ask you the following questions, however, they cannot use this information to make a decision about your employability. Therefore, it is safe to assume that interviewers should stay away from the following questions stated below.
Discrimination Based on Age
Through giving an age limit, some form of discrimination is evident as people who do not fall into those age limits are treated less favourably because of their age. In terms of the Equality Act, discrimination is not actionable if the recruiter can show that the discrimination is a proportionate means of achieving a legitimate aim. A legitimate aim includes running an effective service or the requirements of a business.
A relevant case where age discrimination did not amount to a proportionate means of achieving a legitimate aim is that of James v Coedffranc Community Council. In this specific case, the Coedffranc Community Council was recruiting for a parking attendant role in order to replace a 67-year-old who had recently left. Mr James, a 67-year-old man, subsequently applied for the role. During the interview, most of the interview panelists asked questions from a prepared script. However, one interviewer, did not follow this prepared script. This interviewer proposed statements to the candidate such as “I’ve just noticed how old you are”. The interviewer even went on to ask “How is your health anyway”. ). It was found that the interviewer’s actions were viewed as direct age discrimination - the Community Council were subsequently unable to show that Mr Jame’s age was not a reason for why he did not get the job and therefore the tribunal ruled in his favour.
Discrimination Based on Race
The Equality Act states that it is unlawful for an employer to discriminate against you based on race, including colour, nationality and ethnic origins. What is important with regards to considering whether the interview questions amounts to discrimination is considering whether you will be treated less favourably than someone else based on your answer. Some unlawful interview questions which are discriminatory include:
'What is your native tongue?'
'Where were you born?'
Discrimination Based on Religion
Religious discrimination presents itself in situations where an interviewer asks what religion you practice or how you practice your specific religion. However, not all questions relating to the applicant’s religion is discriminatory. An employer can ask an interview question regarding your religious beliefs if the applicant is applying for a job that is associated with a religious association, institute or corporation. A religious affiliation can be regarded as a job requirement in these circumstances and will therefore not amount to discrimination.
Sexual Discrimination
An interviewer should not ask any questions relating to an applicant’s marital status, children (that they currently have or that they are expected to have) or their sexual preference. Questions that may contain elements of sexual discrimination include:
'When do you plan on getting married?'
'Will childcare arrangements be a problem for you?'
'Will the hours of the job clash with your family commitments?'
Sarah Evans, an employment lawyer and partner at JMW solicitors stated in a recent article that “asking someone about their relationship status in a job interview is unwise and very risky. Most employers know not to ask someone if they are pregnant or planning on becoming pregnant when considering whether to offer a job, and the same applies to marriage and civil partnership”. In addition to the comments above, Rebecca Hilsenrath, chief executive at the Equality and Human Rights Commission stated that “Employers have no right to ask personal questions about relationships and family planning in interviews”
Discrimination Based on a Disability
A potential employer may legally ask whether a candidate has a disability. However, the Equality Act does place some limitations on these questions. Anything which is irrelevant is deemed unlawful. An irrelevant question would be if the employer asked the applicant on how they obtained their disability. The reasoning behind why potential employers are allowed to ask relevant questions with regards to disabilities is so that they can make reasonable adjustments to accommodate the employee. An example of a lawful and relevant question would be if the employer asked whether there are any adjustments that they would need to make to accommodate the disability.
It is therefore clear that there are certain questions which interviewers should stay clear of. Interview questions should be based on the applicant’s ability to perform well in a specific job. If you do find yourself in a situation where a discriminatory question is posed, remember that there is no obligation on you to answer it. If the interviewer is unaware that the question is unlawful, you can always state that you do not feel comfortable answering that sort of question as it does not relate to your ability to perform the job.
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