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A third of US hiring managers admit to asking illegal questions intentionally during hiring process

April 19, 2024

Hiring managers often overstep boundaries during their hiring process by asking about protected information such as age, identity, disabilities or family matters, according to a survey released by ResumeBuilder.com.

About 32% of US hiring managers acknowledged posing these illegal questions intentionally. This includes 13% that do so frequently or often, 8% sometimes and 11% rarely. 

On the other hand, 69% of hiring managers claim they never ask illegal questions. 

The most prevalent illegal inquiries include citizenship status, native language, race and ethnicity, sexual orientation, religion, marital status, parental status, family history and pregnancy. Other illegal questions touch on health, disability, prior salaries and political views.

“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,” ResumeBuilder résumé and career strategist Julia Toothacre said in a press release. “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 also noted that male hiring managers are more likely to knowingly pose illegal questions compared to their female counterparts. 

The online survey includes responses from 1,000 hiring managers and took place on April 3.