You Can’t Ask That! Or Can

You Can’t Ask That!

Or Can You, Legally Speaking?

As The Great Resignation continues (4.3 million Americans quit their jobs in August 2021)1, many individuals are seeking new jobs that better fit with newfound work/life harmony priorities. If you are one of the many looking for your next opportunity, know there are questions a prospective employer cannot legally ask you and you cannot be forced to answer. I talked with Kristi Gage-Linderman, COO and owner of Gage Personnel, to find out what you can and cannot be asked when interviewing for a new job:

• You CANNOT be asked questions in regards to protected classes such as race, color, religion, sex, national origin or age. — “Ageism is a real concern with job candidates,” says Gage-Linderman, “especially with folks afraid to leave a long-time job or who are coming back into the workforce.” She advises candidates and employers alike to focus on experience versus a number.

• You SHOULD NOT be asked questions regarding disabilities, criminal record, military discharge, citizenship or pregnancy. — Women candidates still face prejudice against pregnancy and childrearing. Gage-Linderman encourages women to seek employers who value what you bring to the role and to not be afraid to ask about workplace culture and balance.

• Employers CAN ask questions about whether or not you can meet specific job requirements or if the information is necessary to meet a job-related

legal requirement. Typically, employers wait until a job offer is made before asking clarifying questions. — For example, if a job requires lifting heavy objects, the employer can ask, “Can you lift 50 lbs. without assistance?” — An employer can also ask if an accommodation needs to be made for the employee to perform required duties.

• Employers MAY ask for a desired salary or salary expectation although it is a question that you DO NOT have to answer. — “In the current market, employers are finding that salary transparency is more effective in attracting candidates,” Gage-Linderman explains. “As a candidate, it is totally acceptable to indicate “negotiable” when asked this question.” — Wage data for various jobs and geographical markets can be obtained on Google or Glassdoor but she cautions this data can be outdated.

“Go into an interview with an understanding of what you need and what you want. Look at the entire compensation package, not just salary. Consider PTO, benefits, bonuses as well as advancement and professional development opportunities,” advises Gage-Linderman.

“If that employer is a good fit for you,” she concludes, “sooner or later, you will be paid as you are valued.” 2 By Kirsten P. Haas, Executive Director of Girls on the Run Berks

1 “The Great Resignation: Why millions of workers are quitting,” Shawn Baldwin, CNBC Oct 19 2021 https://www.cnbc.com/2021/10/19/the-great-resignation-why-people-are-quitting-their-jobs.html