Miranda rights for job applicants? Not exactly, but you do not have to answer all questions asked during an interview.
While employers can ask your nickname or assumed name to check on your work records, they can’t ask for your maiden or original name, or require you to submit your birth certificate.
They can ask about your place or length of residence, but not your birth place or that of your spouse or parents.
The employer can’t ask about your own religious affiliation, which religious holidays you observe, or whether your religious beliefs prevent you from working on certain days.
Employers can’t ask about your race, or include the color of your skin, eyes, hair, or other physical characteristics on your employment application.
Other Blogs on Illegal Interview Questions
- Illegal Interview Questions: Citizenship, Ancestry, Relatives
- Illegal Interview Questions: Age and Education
- Illegal Interview Questions: Gender and Disability
If you’re afraid that claiming your right to remain silent may cost you the job, remember, the law protects your rights and subjects employers who violate them to high liability. In this case, silence could be golden.
Don D. Sessions, a Mission Viejo attorney, author and law school professor, helps employees enforce their rights. For questions, call (800) 774-7494 or access job law.com. © Don D. Sessions
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