Career Planning
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Preparing for Your Interview
Know Your Rights
As a job applicant, it is important for you to understand the law when it comes to employer discrimination.
Believe it or not, this does occur in medicine and while uncommon, you should fully understand your rights.
As a job applicant, it is important for you to understand the law when it comes to employer discrimination.
Believe it or not, this does occur in medicine and while uncommon, you should fully understand your rights.
What is Equal Employment Opportunity?
The 1964 Civil Rights Act made it a federal crime to discriminate employees and job applicants based on “protected classes.” Since that time, there have been several additions to the list of covered classes.
The Equal Employment Opportunity is a law requiring employers with 15 or more employees to ensure nondiscrimination against employees and job applicants on the basis of race, color, religion, sex, national origin, age, or disability.
The law protects from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment.
An employer with 15 or more employees is required to know the law, conduct the hiring process within the confinements of the law, and comply with all aspects of the law. While all hospital-employed and academic positions will fall under this law, keep in mind that a small private practice may not necessarily.
What are the actual laws protecting you?
Applicants of private employers, state and local governments, educational institutions, employment agencies, and labor organizations are protected under Federal Law from discrimination on the following bases:
Sex (wages)
Applicants and employees are protected under the Equal Pay Act of 1963, which prohibits sex discrimination in the payment of wages to women and men performing substantially equal work, in jobs that require equal skill, effort, and responsibility, under similar working conditions, in the same establishment.
Race, Color, Religion, Sex, National Origin
Applicants and employees are protected under Title VII of the Civil Rights Act of 1964.
Age
Applicants and employees 40 years of age or older are protected under The Age Discrimination Act of 1967.
Disability
Applicants and employees are protected under Title I and Title V of the Americans with Disabilities Act of 1990.
Genetic Information
Applicants and employees are protected under Title II of the Genetic Information Nondiscrimination Act of 2008, which prohibits discrimination based on genetic information including tests of applicants, employees, or their family members; the manifestation of diseases or disorders in family members (family medical history); and requests or receipt of genetic services by applicants, employees, or their family members.
What are appropriate topics in an interview?
When conducting interviews, the company representative should keep a very narrow focus in their line of questioning.
Questions should fall within the following categories:
- Position requirements
- Previous work experience
- Education and training (residency, fellowship)
- Applicable awards or certifications (Board certification, licensure)
- Reason for leaving a previous position
- Availability to work
- Terms of employment (date of hire, salary requirements, shifts/hours, etc.)
- Physical accommodations to perform the job
When questions are structured properly, they generate all the information needed to make a sound decision on the candidates ability to meet or exceed the expectations of the job.
What are "off-limits" topics in an interview?
There are certain topics that are off limits and should be avoided during the interview process from all persons representing the organization or entity.
They include:
- Family status (marriage, children, child care, etc.)
- Sex, Gender Identity, or Sexual Orientation
- Pregnancy Status
- Marital or Family Status
- Number of Children
- Religious beliefs
- Ethnic background
- Citizenship
- Race
- Age
- Disabilities
- Genetic Information
- Health issues
A line of questioning around any of these subjects could result in litigation on the part of the job applicant and should therefore be avoided entirely.
What if you offer up "off-limits" information without them asking?
First of all, if you are in a protected class, you should be mindful of potential bias and stay focused on your ability to perform the job requirements.
However, if you happen to offer information, an employer or company representative should not pursue the conversation beyond a simple response to your comment or an answer to a specific question you might ask.
They should keep the dialogue brief and only state factual information about job benefits or qualifications.
How might a potential employer ask indirect "off-limits" questions?
While the intent may or may not be benign, questions could be asked in an indirect manner that allows the potential employer to gain some insight into one of the above topics without directly asking.
It may therefore be helpful to understand how these questions might be asked.
The questions outlined below are allowed to be asked by the employers because they are structured around job requirements.
Be mindful how you answer these questions within the interview process, especially if you are worried about potential discriminatory behavior as you seek employment.
This list is clearly not exhaustive, but should give you an idea of how a potential employer can stay within the limits of the law while still learning about aspects of how you might fit within the position.
Protected Class | Acceptable | Not Acceptable |
Disability | Can you perform the duties of this position with or without accommodations? | Do you have a disability? |
Age | How long did you stay at your last role? | When did you start working? What year did you graduate high school? How old are you and when do you plan to retire? |
Family | Do you have any commitments that might prevent you from working the assigned shifts? | What arrangements are you able to make for child care while you work? |
Family | Is there any reason you cannot work starting at 7:30a? | How old are your children? |
Family, Religion, Health | Are you able to work the hours, shifts, and call schedule we described to you? | What is your religious affiliation? Do you have any illnesses or health conditions we should know about? |
Family, Religion, Health | What days and shifts can you work? Are there any shifts you cannot work? | Do you attend church regularly? |
Race, National Origin | What languages do you speak, read, or write fluently? | What is your nationality? How did you acquire the ability to speak, read, or write a foreign language? |
Race, National Origin | Will you need sponsorship now or in the future for employment visa status? Are you legally able to work in the United States? | What country are you from? |
Race, National Origin | What was your previous address and how long did you live there? | Were you born in the United States? |
