Are you an Accidental Discriminator? Quiz

A recent survey revealed that one in five British employees have been affected by workplace discrimination at some point in their career, be it a one off occurrence or ongoing issue.

Whilst discrimination is inexcusable at any level, it could be argued that naivety on the employer’s part has a part to play in these statistics, particularly at the interview stage.  You might think you know what to avoid asking at interview but plenty don’t!   With this in mind, we have teamed up with employment law specialists, Fisher Jones Greenwood, and put together ten questions to test your knowledge on this subject.  Once you’ve completed the quiz scroll down (no cheating!!) to check out the answers and why you can or can’t ask those interview questions.

If you scored 100% you need read no further, however, if not check out the questions and what you should have said:

1. Can you ask an interviewee if they’re married?

Correct answer: No

Why: Asking whether someone is married (or if they have a husband or wife) could be viewed as being discriminatory, and an interviewer should always err on the side of caution, even when making polite conversation. The question could be construed as eliciting information regarding an interviewee’s sexual orientation, and so is probably best avoided.

Any exceptions: There are not any clear exceptions to this. Sometimes an interviewer could get the answer they are looking for from asking “Do you have any current commitments that may affect your working life?”, or something along those lines.

2. Can you ask an interviewee how old they are?

Correct answer: No

Why: Asking this could inform the decision of the interviewer, and be grounds for age discrimination. An employer should not seek to only employ those who fall within a certain age bracket. Occasionally a crafty employer may try and gain this information subtly, for example by asking for graduation dates or retirement plans, but these questions are equally as inappropriate for an interview situation.

Any exceptions: It is acceptable to ask interviewees, particularly those who look younger, whether they are over 18. Certain laws require that employees be over 18 to perform certain roles, for example if it involves the selling of alcohol.

3. Can you ask an interviewee “How many golf balls can fit in a school bus?”

Correct Answer: Yes

Why: The question does not strictly engage any of the protected characteristics. However, it might be deemed unnecessary to ask such a question for most roles, except those that have an engineering or mathematical element, whereby is looking for the candidate to demonstrate a work knowledge and skills which may be required within the role. An interviewee would be within their right to refuse to answer if this is not the case.

Any exceptions:An employer could not ask a question such as this if they are looking to purposefully frustrate or annoy candidates to assess their reaction. Doing this could be deemed unnecessarily provocative and is not a suitable interview question to gauge either of these attributes. Instead, it would be advised that an interviewer asked a question such as ‘explain to me a time when you had to deal with X situation and how you handled it and why’.

It is worth noting that Google used to ask interviewees this question, which is why some employers may deem it acceptable. However, the company has since scrapped it – along with a number of other similarly silly questions – due to the fact it’s too difficult to answer.

4. Can you ask an interviewee where they currently live?

Correct answer: No

Why: Asking someone about where they live could create discrimination issues as they may live in an area that has more residents of a specific ethnic group, religion or class. Also problematic is asking an interviewee where they are from – the same rules apply. A way around this is to not ask somebody how far away they live, but instead ask them whether they would be able to get to work for 9am.

Any exceptions: There are not really any exceptions to this, where someone lives and where they come from bears no relevance on their ability to perform a role.

5. Can you ask an interviewee if they have any criminal convictions?

Correct answer: Yes

Why: Employers can ask about criminal records, but there are limits as to how far you should probe. Asking about criminal convictions could be an invasion of privacy and should only be done if it would be relevant for the role in question, e.g. if the applicant will be placed in a position of trust or will be handling client or company money. Bear in mind that if a sentence has already been completed then the candidate has no duty to disclose the conviction, and they should not be denied employment because of a previous crime, unless it relates to the role in question.

Any exceptions: The easiest way to check is to ask the candidate to produce a formal record of their criminal history. This can be done by asking them to obtain a Basic Disclosure from Disclosure Scotland (which covers England and Wales) which will provide details of any unspent criminal convictions or will confirm that the candidate has none. If the role is one where an employer is entitled to ask for a DBS check, then this would be done at the employer’s instigation but with the applicant filling in the necessary paperwork and providing ID documents. The employer would then send the completed application form to the DBS.

6. Can you ask an interviewee questions about their health or a disability?

Correct answer: No

Why: Asking somebody whether they have a disability and whether it would impinge on their ability to do the job is grounds for disability discrimination and should be avoided at all costs. Interviewers should be equally cautious with questions relating to health, a candidate should never directly be asked whether they have any health conditions or have suffered from any illnesses in the past.

Any exceptions: An acceptable way around this is to ask an interviewee to explain any gaps in employment due to long term sick leave, provided it is stated on their CV. Questions can be asked about disability to find out whether a job applicant would be able to undertake a function that is intrinsic to the job, for example, lifting and physically supporting service users in a care setting. Applicants can also be asked whether they have any health conditions which might prevent them from attending an assessment centre if that would involve physical or outdoor activities.

7. Can you ask an interviewee how many sickness days they took in their last job?

Correct answer: No

Why: Questions about previous sickness absence are classed as questions that relate to health or disability and must not be asked. Again, interviewers should generally refrain from asking any health or disability related questions until a position has been offered. Once employment commences an employer may make enquiries into an employee’s health, provided it is in relation to their ability to work effectively and safely.

Any exceptions: An employer can in very limited circumstances question a candidate on their health and disability, but only if it is to determine whether the applicant can take part in an assessment to determine their suitability for the job, or if adjustments may be needed to accommodate an interviewee during the recruitment process (or as set out in the answer to the sickness absence question above).

8. Can you ask an interviewee what they like to do outside of work?

Correct answer: Yes

Why: For the most part, questions about applicant’s leisure time are permissible. In particular, if a particular pursuit or activity is referred to within an applicant’s CV, it is not unreasonable to ask them about it, especially if the question relates back to the role. For example “I see from your CV that you volunteer for a charity, would you be able to fit that in around working for us?”

Any exceptions: Be careful not to ask questions which could be seen as an attempt to garner information regarding religious affiliation, sexual orientation, marital status, health and fitness, age or political views, and where it would be possible in some circumstances to give grounds for a discrimination claim.

9. Can you ask an interviewee what football team they support?

Correct answer: Yes

Why: The question does not strictly engage any of the protected characteristics. However, there is a risk that an interviewer may have their views affected by the affiliation of an interviewee for a rival team or equally their own team, which would not necessarily assist in effective recruitment.

Any exceptions: Another reason to be careful with questions about affiliations (politics, football, unions etc.) is that certain football teams are known to be broadly indicative of a religious background amongst their supporters. It is possible that an interviewer could make a decision based on his reaction to this rather than judging the candidate on their own merits .The only exception to this is when an affiliation is directly related to the role in question. This may include working for a political party or work in relation to a religious charity or organisation.

10. Can you ask an interviewee about their alcohol consumption or recreational drug use?

Correct answer: No

Why: An employer can set rules for professional conduct and substance use at work, but as with many of these scenarios what someone chooses to do in their personal time is entirely their own decision and is unrelated to their ability to do the job.

Any exceptions: There are no exceptions to this and it is not an appropriate topic of discussion in a job interview.

11. Can you ask an interviewee to do an impression of a dinosaur?

Correct Answer: Yes

Why: This question does not strictly engage any of the protected characteristics. However, it is hard to see how this question helps to assess candidates on the merit of their skills and knowledge regarding the role. Whilst this was a famous moment from 2008’s The Apprentice, when series winner Lee McQueen wowed the interviewer (and the nation) with his reverse pterodactyl impression, it is not really relevant or fair for an employer to make this sort of request, unless they are auditioning for a theatrical position.