Hiring managers often inquire about sensitive, protected information such as age, identity, health, disabilities, or marital status
ResumeBuilder.com, the premier resource for professional resume templates and career advice, has published a recent survey report examining the frequency of hiring managers posing unlawful questions during the hiring process. The report also provides insight into the types of questions these hiring managers commonly ask. The survey collected responses from 1,000 hiring managers in the United States.
According to the survey, 32 percent of hiring managers admit they knowingly ask illegal questions. Thirteen percent “frequently” or “often” pose these questions, 8 percent “sometimes” do, and 11 percent “rarely” do. However, the majority, comprising 69 percent, claim they “never” ask illegal questions. Additionally, among respondents, male hiring managers are more likely to knowingly ask illegal questions than their female counterparts.
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“There are a variety of reasons why hiring managers will ask illegal questions, even though they know they are illegal,” says Resume Builder’s resume and career strategist Julia Toothacre. “Many job seekers are desperate for work and they believe that not answering a question might take them out of the running for a position, especially if it’s a question where the answer would work in their favor. Many people also don’t know what is illegal to ask, so they answer questions openly, not thinking about the consequences or bias someone might have.”
The survey findings also reveal the most prevalent illegal questions posed by hiring managers. In terms of identity, common inquiries include citizenship status, native language, race and ethnicity, sexual orientation, and religion. Additionally, hiring managers frequently seek information about a candidate’s family, including marital status, parental status, family history, and pregnancy. Other types of illegal questions pertain to health, disability, prior salaries, and political views.
This survey was commissioned by ResumeBuilder.com and conducted online through the survey platform Pollfish. It was launched on April 3, 2024, and 1,000 hiring managers completed the survey. To participate, respondents had to meet demographic criteria, including current employment, age 25 or older, holding a middle management position or higher, earning at least $50,000 annually, and working for a company with a minimum of 11 employees.
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