Unlawful Questions 

Made Legal

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Safeguard your company and your career from potentially serious legal jeopardy by understanding how to make your recruiting legal while still being able to acquire the information you need.  Below are a number of interview questions that would be deemed unlawful in many so-called advanced countries along with strategies to deal with them. 


Unlawful Subject 1: 
NATIONALITY

Certainly, it is important to know whether a candidate can legally work within the country, but it's necessary to be careful how the question is asked. These questions address citizenship, language and other sensitive subjects.

1. DON’T ASK
“What is your citizenship or visa status in this country?”

While this seems like a common sense question that determines whether the person can legally be employed, it could also be alleged to be discriminatory on the basis of nationality. Rather than inquiring about citizenship, question whether or not the candidate is authorized for work.

DO ASK
“Are you authorized to work in this country?”


2. DON’T ASK
“What is your native language?”

This question could also be deemed prejudiced on the basis of ethnic background and may be offensive to people from certain countries. It is not relevant to the job what language the candidate learned first only that they are fluent. 

DO ASK
“In what languages are you fluent in reading, speaking or writing?”


3. DON’T ASK
“When did you start living here?”

It is reasonable to want to know how adapted the candidate is to the country but it could be misconstrued as biased if the question is asked directly. It is best to ask a general question and infer the information. 

DO ASK
“Do you have other addresses not listed on your resume where you can be contacted?”

Unlawful Subject 2: 
RELIGION

It is valid that you need to know a candidate’s availability to work the long hours typically required of senior managers of multinational companies. Sometimes a people’s religious adherence may not enable them to do what is required and this should be understood beforehand so as to prevent disruption to their life and the business. 

1. DON’T ASK
“What is your religion?”

It is objectionable (and offensive) to ask such a question directly since it could easily be seen as judging a person by his religion. It is best to just ask when they are available to work. 

DO ASK
“What schedule can you work?


2. DON’T ASK: 
“Which religious holidays do you need time off for?

As with the previous question, it is critical to word the question in a manner that is relevant to the needs of the business and does not appear discriminatory. 

DO ASK:
“Are you able to work the hours we require?”


3. DON’T ASK
“What social organizations are you active in?”

The question is another that could be taken as intrusive to the person’s political or religious affiliations. It must be worded as relevant to the role. 

DO ASK
“What industry relevant associations and clubs are you involved with?” 

 

Unlawful Subject 3: 
AGE

The wisdom that can come with age and experience are just as important as the energy and enthusiasm that come with youth. That said, most so-called advanced countries have laws that prohibit age discrimination and for good reason. Who is to say that older people are less energetic or that younger people lack suitable experience. Within Asia, many candidates believe that age is a reasonable determinant of a person’s suitability for a management position and are open to talk about the issue. 

1. DON’T ASK: 
“How old are you?”

It is unreasonable to presume that an old person does not have the vigour to run a business effectively or that a young person may be too inexperienced. Therefore, the question is unacceptable apart from confirming their legal working age. 

DO ASK:
“Are you over 18 years of age?”


2. DON’T ASK: 
“How many more years do you want to work before retirement?”

This question could also be deemed as discriminatory and should be worded in an open-ended manner to allow the candidate to volunteer as much relevant information as he wishes.

DO ASK:
“What are your career objectives for the longer term?”

Unlawful Subject 4: 
FAMILY STATUS

Women, in particular, have been discriminated against in the past because it was assumed they could not handle a demanding management work schedule while being responsible for children. It is important that the issue be discussed up-front but not in a manner that might be considered to be prejudicial to female candidates in particular. It should also be understood that baring talented candidates from being considered purely because of outdated stereotypes is bad for business. 

 

1. DON’T ASK: 
“Do you have children?”

It is important to be upfront that the management position will probably require long working hours and a flexible schedule. Ask the question as it relates to this issue so the candidate can determine herself whether family obligations will prevent her from doing well in the role. 

DO ASK:
“Are you able to work overtime? Can you travel as required?”


2. DON’T ASK: 
“Will you continue working if you have children?”

While it reasonable to want to know a candidate’s career goals to verify their intentions after an important milestone like pregnancy, it is improper to ask a woman (or a man) about this issue directly. Instead, ask a more general question and have the person expand on the issue herself. 

DO ASK:
“Describe your long-term career plans.”

3. DON’T ASK: 
“What is your maiden name?”

This question seems especially blameless since there may be another name the person has used in the past. However, it could be considered biased toward a female candidate’s marital status and should not be used. The question should be worded as it relates to confirming their career and educational experience. 

DO ASK:
“Have you used other names in the past?”


4. DON’T ASK: 
“Tell me about the family you grew up with?”

It is common in Asia to ask details about a person’s family background because such connections can be important for doing business. Unfortunately, it can often be considered prejudiced (and irrelevant) by many international organizations. If the information is still deemed important, word the question in a more open-ended manner. 

DO ASK:
“Tell me who you know who could help you in this role.”

Unlawful Subject 5:
GENDER & RACE

At the interview stage, it is (usually) clear what the sex and racial background of candidates are.  However, it is critical that candidates are not made to feel there is a racial or gender bias for roles. You risk offending people and losing them as candidates. As well, you risk labelling your company or yourself as either racist or gender prejudiced. 

1. DON’T ASK: 
“Could you manage people different from you in race (or sex)?”

A similar question could be asked but without making the candidate feel he or she is the one who is different. 

DO ASK:
“Are you comfortable managing a diverse workforce?”


2. DON’T ASK: 
“What is your view of dating in the office?”

Relationships within the office should be kept professional to prevent the predictable disruptions that are bad for business. But posing this question could be seen as making conjectures about the person’s marital situation. Another concern is that some people could consider the question a “come-on.” The replacement question below should cover the concern. 

DO ASK:
“Have you ever been disciplined at work?”

Unlawful Subject 6:
Health & Disabilities

Physical and mental handicaps and general health issues should not be discussed directly so as to avoid assumptions and possible allegations of discrimination. 

1. DON’T ASK: 
“Do you have any disabilities?”

It is improper in an international work environment to ask such a question directly. Ask the question in a way that allows the candidate to explain his physical or mental handicaps if they exist. 

DO ASK:
“Are there any special needs you have that we should be aware of?  Is there anything we should discuss that could prevent you from carrying out the role?


2. DON’T ASK: 
“Have you had any operations or illnesses lately?” 

Determining a candidate’s ability and commitment to work is important but even devoted managers can get sick. As above, the question needs to be worded to determine whether they can do the job. 

DO ASK:
How many days of work did you miss last year?

 

 

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Executive Search &  Management Consulting:

Chalre Associates provides its Executive Search and Recruiting services throughout the emerging countries of the Asia Pacific region with specific focus on Philippines, Singapore, Malaysia, Indonesia, Vietnam, Cambodia, Laos.  We are proactive and well known in our sectors of focus.  Regional Managers use us to help bridge the gap between local environments and the world-class requirements of multinational corporations.   

 

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Asia CEO Forum

 

Asia CEO Forum presented by PLDT ALPHA Enterprise is the largest regular business event in Philippines and considered one of the most important in the Southeast Asia region. The forum serves as a hub for the spreading of ideas that help executive managers overseeing enterprises across the Asia Pacific region. 
  
Attendees are both expatriate and Asian management personnel overseeing multinational and regional organizations.  Held in Philippines, presenters are leaders in their industries and engaged in momentous pursuits of significance to the entire region.  

 

Asia CEO Forum is operated as a CSR (Corporate Social Responsibility) activity of Chalre Associates, one of Southeast Asia's most prominent senior management executive search firms, to promote Philippines as a premier business destination in the Asia region.  

 

Click Here to go to Asia CEO Forum now!

 

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Asia CEO Awards

 

Asia CEO Awards presented by Aseana City represents the grandest alliance of local and international business people ever created to promote Philippines on the world stage. As one of the largest events of its kind in the Asia Pacific region, it is considered a must-attend occasion for business leaders active in Southeast Asia. 

The star-studded Board of Judges of Asia CEO Awards give away 10 awards to many of the most accomplished leadership teams and individuals currently operating in Philippines and the region. The awards recognize extraordinary leaders who have demonstrated outstanding achievement for their organizations and contributions to others. 

As one of the fastest growing nations on the planet, the world's business leaders have their eyes on Philippines like never before. The annual gala was established as a natural outgrowth of Asia CEO Forum, the largest regular networking event for the business community in Philippines. 

 

Click Here to go to Asia CEO Awards now!

 

 

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SPECIAL DOWNLOADS:

 

Media organizations throughout the world call upon the Principals of Chalre Associates for thought leadership.  Below are some examples of published material written by our consultants or international journalists who refer to them.  For a complete list of published work, Click Here.  

 

 

Getting Ready For The Deluge: Outsourcing in Philippines

by Chalre Associates senior staff

 

Download [PDF file, 62KB]

 

The Economist Intelligence Unit of the Economist magazine asked Chalre Associates' Chairman, Richard Mills, to write a chapter about the Philippine outsourcing sector in its annual Business Guide Book.  The material provides a Executive Briefing on the progress and major issues facing this industry that is certainly one of most significant growth stories in the world.  more

 

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Asia Pacific Mining Conference 2007 - Report

by Chalre Associates senior staff

 

Download [PDF file, 28KB]

 

The 7th Asia Pacific Mining Conference put on by the Asean Federation of Mining Associations was perhaps the largest such event in the region.  Richard Mills, Chairman of Chalre Associates gave this report on what was said by the prominent mining people who presented. more

 

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The State of BPO in Philippines: Dan Reyes Speaks

by Chalre Associates senior staff

 

Download [PDF file, 31KB]
 

Richard Mills, Chairman of Chalre Associates, interviewed Dan Reyes of Sitel for ComputerWorld (US) recently to get his views on the state of the BPO industry in Philippines. Dan presented US readers with compelling information to support his view that Philippines is currently seen as the "Number 1" option by global companies sending BPO work to offshore destinations. 
 
Dan Reyes is easily one of most experienced Business Process Outsourcing (BPO) managers in the Asia Pacific region and the world. He is head of the extremely successful Philippine operations of Sitel, the world's largest call center organization. Among other things, he is a founder and former president of the Business Processing Association of the Philippines.    more