Several cases have recently been discovered in which, as part of the selection process for a specific position in a company, applicants were asked to take a pregnancy test. This test has no connection with the site in question or is lawful or legal and de facto the company in question was denounced and fined. But this is not the only case.
Many personnel selection processes challenge aspects that do not compete with the company or affect the performance of the job offered. Some of them are even illegal. This is exactly what we will be focusing on in this article: achieving illegal questions during a job interview.
The staff selection process
We live in a world where the job market is competitive and many people are interested in almost any possible job that can be created. So when a business needs to fill a vacancy or to grow and makes that demand visible, it typically receives hundreds (sometimes even thousands) of responses. And in this situation you must to choose between the candidates filtering to the opponents in a more or less systematic way, Something that has been done for thousands of years (it was already done in the Chinese Empire).
Personnel selection is the process by which the company, after having established the criteria regarding the type of worker sought and the knowledge it needs to fill the position in question, proceeds to the search for the most suitable candidate for the job. stop. For this, different techniques are used, such as psychometric tests which measure the subject’s ability in certain areas. Interviewing is another of the main pillars of personnel selection.
During a job interview, a subject belonging to the company or company in question or directly interested in hiring a worker establishes an interaction in which he can observe the characteristics and / or aptitudes of the candidate and assess whether or not this may be appropriate for the proposed site through a series of questions or even activities.
The functions of the job interview are to have initial contact with the candidate for the job and to collect information about his suitability as a candidate, in terms of knowledge, skills, aptitudes and attitudes that may be useful in the job. proposed site. But they must be limited to that: they must not enter the personal life of the subject unless it is essential for the exercise of the judgment.
What questions are illegal in a job interview?
Sometimes the questions asked by the interviewer may go beyond these limits and refer to aspects which have nothing to do with the duties of the job or the aptitudes of the individual. These questions are illegal because they violate the right to privacy, as well as being able to discriminate and exclude for reasons beyond their own professional competence.
Among the aspects that should not be questioned, there is marital status, sexual orientation, expectations of having or not having children physical characteristics (Unless this is a necessary requirement for the location in question), the presence of any physical or mental illness, race of affiliation or nationality, religious or political beliefs (including information about where you campaign, if applicable) or details of personal life not relevant to the practice of the profession (does not include asking for examples of situations in which you have had to use a required skill for example).
So, questions as often as you, do you want to have children in the near future? o Are you married? they are illegal. If other aspects need to be assessed on the basis of these questions, other strategies should be employed. Even something as seemingly harmless as age doesn’t matter (not the same with work experience).
And this is it these questions can generate a bias that leads to discrimination for ideological reasons, gender and sexual orientation or race or religion, which is against the law. For this reason, although we can decide to respond, we also have the option of refusing without harming ourselves. It is also possible to take legal action against a labor inspectorate, which may result in a sanction or a fine for the company or company in question.
Why are they doing them?
Due to the high prevalence of these questions, it is legitimate to ask the reason for their realization.
In some cases they can be done just to observe the candidate’s reaction before the question in question. Keep in mind that this is a selection process and, given the importance of attitude when carrying out a specific project, observe how a subject behaves in a situation. strange or awkward or unexpected question can be used to elucidate the path we think and act in the face of pressure or surprise.
In these cases, the content of the answer is irrelevant, but what would be appreciated would be how the candidate answers it or even how he does not answer it. This does not take away from the fact that this is still an illegal matter.
However, in the vast majority of cases, this type of questioning is simply aimed at obtaining direct information about the person’s life in this regard. try to predict their productivity. For example, if a woman is pregnant or plans to have children in the near future, the company may think it is best to hire someone who does not have these plans, avoiding aspects such as l ‘granting of maternity leave or the search for possible replacements.