Hiring managers have their companies' best interests at heart. Of course they want to know if you'll be a good fit, but they also want to know if you're likely to leave to start a family or retire in the near future. But asking anything intended to get information about a person's status in a protected class—age, race, religion, pregnancy, etc.—is technically illegal. Still, Peter K. Studner, author of Super Job Search IV: The Complete Manual for Job Seekers & Career Changers, says that often both interviewers and interviewees don't realize that a certain line of inquiry has veered into murky territory. To help defend job seekers against revealing information that could be used against them, here are eight questions that you should always avoid answering.
招聘经理当然是以公司权益为首位。你是否合适一个岗位纵然是重要的考量标准,然而如果你可能会离职照顾家庭或是做不了多久就退休的话,可能面试岗位时就会受到不公平对待。但是如果面试官问出了如下的问题——年龄,种族,信仰,孕期之类——其实就是触犯了法律。《终极找工作第四部:求职者和跳槽人完全手册》一书的作者彼得·K·斯达内指出,通常情况下,这样的问题在求职者和面试官眼中都和侵权不沾边儿。为了给广大无辜求职者指一条明路,一下就是8个这类问题的案例:
1. Are You Married?
1 说一下你的婚姻状况?
Anything that fishes for information about a candidate's family plans (marriage, engagement, and child planning) is technically illegal because it falls under pregnancy discrimination. It can often seem like a hiring manager is just making pleasant conversation and trying to get to know you better, but job applicants are not obligated to disclose any personal information. This could also be a subtle way to question someone about their sexual orientation—another protected class.
任何有关求职者家庭观的问题(结婚,订婚或是要小孩儿)的提出都是违法的,因为这涉及到孕期工作歧视。面试人员往往会让这一切看起来只是闲聊,让你感受到他的关切和感兴趣,然而作为我们求职者来说是不能上当把自己卖了的。同样,有关性取向的问题也是不可鸟的哈。
2. How Old Are You?
2 你今年多大?
Lots of applications will stipulate that employees have to be over 18, and that's fine—ensuring their workers are not minors is within a company's rights. But this question becomes problematic when interviewers ask more mature candidates that question, because it's illegal to discriminate against anyone over 40 on the basis of age. If anyone asks, don't feel bad about declining to respond. Recognize that whoever is interviewing you probably already has some sense of your age just from looking at your resume.
招聘时往往会要求求职者年满十八,我懂——招聘未成年人本来就是违法的。但是我都四十多岁了,你还问我这个问题,你是不是喜欢我啊?当然不是!而且这是违法的!如果被问起,那么说不也是有底气的。要知道面试官可能已经对你的年龄有了一些判断。
3.When Did You Graduate?
3 你哪年毕业的?
We all know how math works—this is just a not-so-sly way to calculate someone's age. (Feel free to nix the graduation year from your resume, too.) "If the interviewer presses for a reply, you might give him the date and then ask how that applies to your candidacy," Studner says. "And in the final analysis, would you really want to work for a company where the management discriminates against age? It might be better to move on."
谁不知道你这么问什么意思——只是拐个弯问年龄罢了。(所以你并不用写你是什么时候毕业的)“如果招聘者执意要问,你就告诉他并且询问毕业时间对于求职的影响,”斯达内说,“在后半部分中,确定这个职业真的和毕业时间早晚是一对不可调和的矛盾吗。如果是,那么朝前看吧,会有更好的职业等你的。”
4. How's Your Health?
4 你的身体健康状况?
If it's a physically demanding job, employers have a right to ask about specific physical abilities. For example: "This job requires lifting packages up to 30 pounds, or standing on your feet for six hours a day, or talking on the phone at least 80 percent of the time. Is this something you can do on a continuous basis?" But anything that isn't directly related to tasks you'll be performing on the job is personal information that you don't have to—and shouldn't—reveal.
如果这是一项需要体力的工作,招聘这可能会问你如下问题:“工作可能会涉及拎30磅重的包裹,或者一天要站六个小时,或是80%的时间都在讲电话。你能坚持做下去吗?”但是如果健康方面的问题和做任务一点关系都没有的话,你不用,也不需要回答。
5.What Religion Are You? Do You Observe Any Religious Holidays?
5你的信仰是什么?你信仰的宗教有宗教节日吗?
It's illegal to discuss your religion in an interview, even if it will affect your need to take time off. It can be awkward to back out of this question if an employer presses the issue, so Studner suggests a polite but firm, "I prefer not to discuss my religion, but I can assure you that it will not interfere with my doing this job."
在面试中谈论宗教信仰是不合法律的,尽管这可能有关你的福利。但是由上司提出这件事未免太鬼畜,所以斯达内的建议是坚定而有礼地回答说:“我更倾向于不谈论我的宗教信仰问题,但是我保证我的信仰不会对正常工作造成任何影响。”
6. Have You Ever Been Arrested?
6 你被拘捕过吗?
It's not illegal to ask if you've ever been convicted of a crime, and many employers do, either on the application or in the interview. But what they can't ask about is your arrest record. That said, it is not illegal for a concerned hiring manager to do some independent research to see if there are any records of arrests available online. If you know they'll be looking into your background, this constitutes a rare instance where an interviewee should volunteer incriminating information.
如果招聘者问及你是否因犯罪被拘捕时,不管是在求职还是面试,我要告诉你这么做是合法的。然而他们不能强行调看你的拘捕记录。也就是说,如果他们做一些网上搜查来看你是否被拘捕过是合法的,然而这一点建立在你知情的基础上,并且同意提供相关信息。
"In these kinds of cases where a future employer might uncover prior arrests, it is important to discuss the incident up front and point out that it was a thing of the past, never to be repeated," Studner says. "The more serious the offense, the more convincing you have to be."
“如果真的遇到这种招聘者要从头到尾了解你犯罪前科的状况,一定要坚持说明这都是过去发生的事情了,并且保证在以后永远不会再度发生,”斯达内说,“情况越严重,你就要保证得越坚定。”
7. What Country Are You From?
7 你从哪里来?
As long as you're authorized to work in the country where the job is located—a question they are allowed to ask—employers can't dig into where you're from because nationality discrimination is illegal. Similarly, they can't ask if English is your first language.
如果你前往了你的工作地——这个问题往往会被提到——招聘者会问你的国籍,然而涉及国籍的问题可能有关国别歧视。同样的,他们也不能问你英语是否是你的母语。
8. Do You Like To Drink Socially?
8能否千杯不醉?
It's not entirely clear why this would come up in an interview situation, but if it does, it's actually illegal in order to protect people who might answer "No." Under the Americans with Disabilities Act of 1990, recovering alcoholics don't have to reveal any information that might hint at their status. It's also illegal to question job applicants about when they last used illegal drugs, although asking if you're currently using illegal drugs is permissible.
我也搞不清为什么这种问题会出现在面试中,不过如果真的被问到了,那么说他是违法的就真的保护了那些不能喝酒的应聘者。1990年的美国残障人士法案确定出,正在康复中的戒酒者不必透露自己的现状。尽管询问目前是否吸毒是被允许的,但是询问应聘者往日的吸毒经历是违法的。