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The job
applicant was a younger woman engaged to an older man. Noting this,
her prospective employer asked if the couple planned to have children
soon. The woman said they did.
When she did not get the job, the woman sued, contending she had
been discriminated against because of her answer during the job
interview, said Noel C. Crowley, the Morristown, N.J.-based employment
lawyer who represented her. The case was settled before it went
to trial, said Crowley, who could not discuss the details of how
it was resolved.
An honest answer to an inappropriate or improper question in a
job interview might provide grounds for a lawsuit, but often the
wiser, more practical course is to deflect the question, Crowley
said.
"A more evasive answer might be more conducive to actually
getting the job,'' he said.
Career counselors say there are ways to avoid loaded questions
during job interviews.
"You do not need to answer the questions directly,'' said
Richard White, director of career services at Rutgers University.
"You should affirm your understanding of the employer's concern
and assure him or her that your personal life is arranged in such
a way that it will not interfere with your job.''
Barbara Davis, owner of Barbara Davis Employment Services in Red
Bank, N.J., said a person should come to a job interview armed with
questions about the job.
To the question about having children soon, "You can say,
'We really haven't decided right now, but I'm more concerned about
this position. What are the requirements of the job?''' Davis said.
"Try to throw it back in their lap.''
But it's a mistake to assume that one oafish manager reflects
the entire company, said Mitch Baskin, who co-owns New Jersey's
BBCS Counseling Services with his wife, Beverly. You could meet
and interview with other representatives of the company who act
more professionally and decide you still want the job, Baskin said.
"The one thing you definitely want to avoid is confrontation,''
he said. "It's not a matter of who's right and who's wrong.''
Assumptions can backfire in the job-application process, Beverly
Baskin said. It's a mistake to assume a prospective boss shares
your views on politics or other controversial subjects, so it's
best to keep those to yourself.
"You don't know what the religion and politics are,'' White
said. "I would express a neutral, middle-of-the-road position.''
Applicants should be aware that they are being scrutinized outside
the formal interview, too, such as at a lunch or a dinner, no matter
how informal representatives of the company act, he said.
Improper questions do not come up as often as they did decades
ago, the career counselors said.
"People are more educated,'' Davis said. Companies are concerned
about lawsuits, so they train their managers and human resources
people extensively, she said.
Questions not related to someone's objective qualifications for
the job are not allowed, said Linda Wong, a West Windsor, N.J. lawyer
who specializes in employment law.
Employers cannot ask about marital status, age, whether you have
a disability, what country you are from, or comment on an accent
you have, she said. They can ask if you are capable of performing
the essential tasks of the job, she said.
That does not mean the best course is to file suit whenever an
interviewer oversteps the line, Wong said.
"I usually try to counsel employees to be realistic,'' she
said. "Most women have been sexually harassed at work in some
mild way or another. They are not going to jump up (and file suit)
every time it happens.''
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