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Illegal Interview Questions

When you finally land an interview in these challenging times, it may be disheartening to find yourself being asked questions that make you uncomfortable. It helps to know employment discrimination is illegal and that you have rights. It also helps to know what questions are legal and illegal for potential employers to ask. You may decide to answer the questions anyway, but you will be on notice that this is a company with a corporate culture that may not be right for you.

Interview Questions That Are Considered Discrimination

You should not be asked or subjected to the following:

  • Questions about sexual orientation
  • Questions about ancestry, national origin, or prior marital status, e.g., “Where were you born?”
  • Comments about height, weight, complexion, or color
  • Questions about previous sick leave use
  • Questions about workers comp claims from former positions
  • Questions about your health
  • Questions about age (other than those made to ensure you are old enough to do the work)
  • A request for your birth certificate
  • Asking if you live with anyone
  • Asking if you own your home
  • Asking what your childcare arrangements are
  • Asking whether you are married, divorced, or single
  • Questions about arrests unless they relate to the position
  • Questions about your membership in organizations that are not related to the job
  • Questions about degrees or education that have nothing to do with the position
  • Questions about dates you attended school
  • Questions about dates of your service in the military
  • Questions about what holidays you celebrate

Contact the New Jersey employment lawyers of Deutsch Atkins & Kleinfeldt, P.C. for help with employment law issues.

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Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Retired

About Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for…

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Bruce L. Atkins
Senior Partner

About Bruce L. Atkins is regarded as one of New Jersey’s premier practitioners of employment and civil litigation. He has been selected to the New Jersey Super Lawyers prestigious list every year since 2005.  This honor, bestowed upon a recipient by the votes of his peers, is a powerful nod to the skill Mr. Atkins…

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Adam J. Kleinfeldt
Partner

About Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015.  He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters.  He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict…

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Diane Englander Peyser
Attorney

About Diane Englander Peyser joined Deutsch Atkins & Kleinfeldt, P.C. in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins & Kleinfeldt, P.C., Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination,…

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Debra M. McGarvey
Attorney

About Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA),…

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    I would strongly recommend the legal service of Neil Deutsch and staff. I interviewed three law firms before deciding on Deutsch Atkins for my Employment Discrimination case against a large multi-national employer. Neil was very responsive and availa...

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