Questions about Ethnicity & Country of Origin

Dear Deb,

I had a phone interview and the hiring manager asked me what country I was from.  I said, “I was raised in New Jersey and moved to NYC in 2009.”  Then he asked, “Was English your first language?”  Then I got really uncomfortable.  I have a slight accent, but I am very articulate.  So, I was not sensitive about my speaking ability. I answered that I was born in Spain and moved to the United States at the age of nine.

I am concerned about illegal questions. Are those questions illegal and how do I handle that situation should it happen again?  Should I be concerned about such an employer?

Thanks for sharing your expertise!

Monica 

Dear Monica:

You are correct.  Those are illegal questions.  In the U.S., it is illegal for employers to ask a candidate’s ethnicity or nationality.  They may ask if you are authorized to work in the U.S.  They may ask you about your language proficiency.  However, they may not as you about your native tongue as a way to determine your country of origin.

Even though a question may be stated in an illegal form, it does not mean that a crime has been committed. For there to be criminal liability, it typically requires establishing a motive or intent. However, there can be civil recourse, even without criminal motive or intent. Most illegal interview questions are asked by untrained interviewers.   This leaves you with at least three possible options.

You have the option to assert your rights not to answer the question. If you assert your rights not to answer the questions, it could change the climate of the interview for a potentially great position with a good employer.  Another option is to briefly answer the question (as you did) and change the topic. You could also tactfully change the topic without answering the question.  

If you have other interviewing questions, please contact me.  One of the services that we provide is interview coaching.  I wish you all the best in your career! 

Regards,

Deb