I was asked a host of illegal interview questions, can I / should I sue if I don't get hired?

Question

I've completed my 5th and final interview for a very high-paying senior director for a national organization. It's the perfect job for me, and I did very well in all my interviews. During my last interview, however, the interview asked me a number of illegal questions (all of which I answered): how old were you when you graduated with your MBA? what does your wife do? How do you arrange for child care? Where were you born? I'm concerned because I'm in my early 30s and Asian-American -- and worry that my age and background might keep me from getting such a senior position. The interviewer said two interesting things to me: that I gave the best answers out of all five finalists, but he's concerned that my relative lack of experience might be a problem. (The job description requires at least 12 years of experience, & I have exactly 12 years of experience.) Do I have any grounds for a lawsuit if I don't get the job? How can I know if my answers to these questions affected their decision?

Answer 1

So, which one was the illegal one? None of those look bad to me.

They give the employer a good idea of how prepared and organized you are to balance home life with work. They want to know that you WILL be at work when you should be, not dealing with little Johny's sniffles.

You would only have grounds for a lawsuit if you are significantly more more qualified than the person who gets hired and can prove it was for racial reasons.

But why are you even thinking about lawsuit before the results come out? I am a member of a ethnic group that is the most legally discriminated against in the United States. There are no action groups to help me sue in the event of a hate crime or discrimination.

But if I didn't get a job, I would apply for the next one in the line, not waste my time and money trying to sue.

Answer 2

If the perspective employer requests information that is deemed illegal under federal and state statutes and you answer the question and you can prove that the employer used said response as a basis upon which they decline to hire you then yes you do have an actionable cause as the question should have never been asked in the first place and you can claim damages from the loss of wages you would have received had you been hired. The same applies if you don't answer a prohibited question and the employer later discovers that you failed to disclose the information requested and you are terminated for that reason you a have a damn good cause for action. How every with that having been said keep in mind that almost all businesses have legal council and deep pockets. Even getting an attorney to represent you as a client will be difficult especially in a disability cause as most lawyers who practice in this area of litigation prefer cases that pertain to racial and sexual discrimination and finding a competent attorney willing to represent you on a contingency basis is even more difficult but not impossible depending on what area of the country you reside. The best advise I could give is to answer the quest but in a manor that indicates a medical condition but just not necessarily the severity of same and how if might impact your ability to perform the position that you are applying for. If they inquire further into the nature of the disability during an interview other then to as whether or not you can perform the basic duties associated with the position then you have them by the short hairs. Make sure that you covertly record the interview for absolute proof the best way is either a digital recorder or use the video camera on your phone. Just make sure that the volume is turned off on the recorder and the phone is set on silence or airplane mode. I'm not an attorney and this is not legal advise but I have gone through this process several times. What an employer does and says are two different thing and they will do what ever that want until the get burned bad enough to never try it again. One last piece of advise always allow the EEOC or state agency to investigate your claim prior to requesting the letter to sue as the information they may uncover during their investigation may prove to be invaluable as they will almost always say something that can be used against them in a court of law.

Answer 3

If you don't get hired, the burden of proof is on you that the questions regarding your age, what your wife does, your childcare arrangements, your national origin were what prevented you from getting the job.

Any question about age (unless it is a bona fide job qualification) is illegal. However, age is a protected category when you are 40 and above. Any question regarding national origin is illegal. There is no legitimate business reason for anyone to ask in an interview what your childcare arrangements are or what your wife does. The same for asking about your national origin.

To have an affirmative defense, the company would have to show that they asked these same questions of ALL candidates who applied for the position. This defense would be a sure looser because at least 5 of them are illegal.

That you answered the question is of no consequence to the matter. Illegal questions are illegal questions. If it turns out that you don't get the job, you have sufficient grounds for a lawsuit.

In the meantime, consult with a good employment law attorney. The consultation fee you pay may be money well spent.

Hope this helps and good luck.

Answer 4

Your age and background might very possibly keep you from getting the job, especially if the other candidates have more experience and/or show a better attitude.

Some of the questions probably were illegal. The intent was not likely to discriminate against you, but rather to get to know you better. After all, it doesn't likely take a question for them to know you are Asian-American - and if you are under age 40, age discrimination doesn't apply. As to what your wife does and the child care, that's none of their business - I was once asked about child care arrangements in an interview, actually weirder than that, was asked how much I was going to pay my babysitter - I just said we hadn't finalized that yet.

Unless you can pretty much prove that the answers to the illegal questions are the reason you didn't get the job, you don't have the basis for any sort of lawsuit.

I looked at your previous questions, and ran across the one where you were complaining about being interviewed by people who would work for you, that you didn't feel they should have input into evaluating you. Actually this is a very common interview method for high level positions - someone often shows more of their true colors when they aren't talking to someone high up. Before the company hires you, they'd want to be as sure as possible that you'd have respect for, and get along with, people below you as well as above. If you don't, you will NOT succeed - a manager or director only succeeds through the people who work for him or her.

I once was interviewing someone who had worked for me before at another organization, so I asked two of my most trusted employees to interview him by themselves, without me being present. They both told me that he had come off very arrogant, and like he was sure to get the job - needless to say, he didn't get it.

Answer 5

It was the 5th interview - not the first one. Even if you only have 12 years of experience, you would NOT have gotten this far if they didnt think you could do the job.

By this time, they would need to be serious about the work life balance, and as long as they asked the other applicants those same questions, you are (or should still be) in an equal running with them.

Answer 6

Anyone in our great country can sue anyone else at any time, that's your prerogative. Would you prevail? Maybe, but you would have to show that you weren't hired because of your answers. What you would have would be a valid civil rights complaint so maybe they would get a fine. What would you get if you won? A job where you weren't wanted in the first place, that doesn't sound so sweet. Whenever you think about suing someone, try to deduct if the intended and unintended results are worth what you are up against. The cost in terms of money, opportunity, and emotions are all heavy, not to mention usually non-rewarding.

Answer 7

The bottom line is, if they were illegal questions, you probably have grounds to sue. However, you willingly answered the illegal questions, so I doubt you'd win. Unfortunately, age is something you can't escape no matter how experienced or mature you are. I get treated differently from my other co-workers simply because they are older and married with children my age. Get used to it, but good luck with the job. I hope you get it so you can prove them wrong!

Answer 8

I just hope if you do get the job it's not with an organisation I have to deal with,You sound very full of yourself, Still top marks for over confidence. A lawsuit would cost you a fortune so go ahead. You probably will not win. Surely it's up to the employer who he hires or do you expect to get every position for which you apply?

Answer 9

Hmm, I know they can't ask your age if between 40-70, but how does asking your year of graduation also ask your current age?

While these are illegal questions, ask yourself if you think these were honest mistakes or their intent was clearly unethical. Would that bother you? If you complain, that could potentially blackball you with other potential employers. Is it really worth the time and effort? Sometimes, you just have to set your principles aside, move on, and let go of someone who wronged you.

EDIT: To the person above, the following types of interview questions are illegal:

Any inquiry as to or that would reveal religion, race, ancestry, national origin, sex, marital status, pregnancy status, children, disability, and age (if between 40 and 70).

Answer 10

Sorry, your fault for answering the questions.

The professional response was, "If it's ok with you, I would prefer to speak of the position."

No, you do not have grounds to sue, because they would have to admit that they asked the questions (which they will deny).

Concentrate on your abilities and your work history and stop focusing on your race...it makes you look like you are looking for a scapegoat for your own failures.

They may have asked those SAME questions TO ALL of the candidates, white, black, etc....but you are ASSUMING they only asked you b/c you are a minority.

Sorry, I just have a short fuse for people that try to get sue happy and use their race as a crutch.

If you don't get the job, it's because they probably hired someone more qualified...b/c I would wager they didn't let you look at the other applicant's resumes.