Dear J.T. & DALE: I went on an interview, and the male interviewer seemed more interested in my personal life than in my experience. He asked if I was married, how many kids did I have, my age, on and on. I felt he was screening more for a potential date than an employee. What’s the best way to deal with illegal questions?– Nikki
J.T.: It’s unfortunate, but just because people own a business or run a department doesn’t mean they understand proper hiring practices, especially in small businesses, where there is no trained HR staff. Next time, follow your gut. I’m sure there was an alarm going off in your head, saying: “This isn’t right! Don’t work here!” Then, simply say, “I’m sorry, but I’m not sure how my family status affects this job – could you explain why these questions are relevant to the position?” You should expect a surprised and possibly miffed reaction, but it will ensure that the interview will end quickly. You then have the option of filing a complaint with the EEOC.
DALE: It’s interesting to note that the questions about family would be quite acceptable in almost any other social situation. So I asked our favorite employment attorney, Scott Gordon of Rodey Law in Albuquerque, N.M., to look at Nikki’s question and help with the drawing of lines.
SCOTT: In this case, small talk can be big trouble. By now, most employers realize that they shouldn’t ask an applicant’s age during a job interview. Many employers don’t realize that asking about a job applicant’s marital status or caregiver obligations also can get them into trouble, particularly if they ask women only. The effect can be to suggest, “If you’re a single mom with school-age kids, you can’t do this job as well as a married man with a stay-at-home wife.”
J.T.: Is there a simple rule you suggest that employers follow?
SCOTT: If the question isn’t job-related, don’t ask it.
DALE: So an employer could ask, “This job requires loading 50-pound barrels onto trucks – will that be a problem?”
SCOTT: Yes, the interviewer is allowed to state the physical requirements of the job and ask whether the applicant can perform those duties. However, the Americans with Disabilities Act prohibits an interviewer from asking an applicant disability-related questions. So, before a job offer is made, it would be illegal to ask an applicant if she has any medical conditions that might affect her ability to perform the job.
J.T.: The difference being that asking about medical conditions is asking personal questions. So the rule still applies: If it isn’t job-related, don’t ask. Thank you, Scott.
Dear J.T. & Dale: “Every job is temporary”; well stated, J.T. It used to be that we would work for one company our entire lives, but that’s no longer realistic, nor desirable. If the company is great, stay as long as possible; but markets change, people change. I think the modern job hunter has to retrain his/her thinking from “this company will be my mommy and daddy” to always watching the market and being prepared to go elsewhere.
– Donald
J.T.: I also often say, “There are no employees anymore; we are all businesses-of-one.” I can see that you, Donald, share the same philosophy. The upside is that when you take full ownership of your business-of-one, you don’t feel held hostage by your job or fear the future.
DALE: Some people look at this economy and conclude you have only two options: depression or terror. Many in my generation, the baby boomers, dwell on what the economy has taken from them – namely, job security. However, we also should reflect on what is gone: promotions based on seniority, which often meant waiting till someone died or retired to move up; being stuck in a new job for years in order to avoid the “job hopper” label; and starting soon, perhaps an end to career decisions based on health insurance. Sure, there are things I miss about the old economy and job market, but as the old song from my hippie days says, “Love the one you’re with…”
Dear J.T. & Dale: I’m looking for a career change from sales management to training and development. I’m now in banking, but my passion is traveling, and I would love to land a position in the travel industry. That is my dream job. Any advice?
– Darlene
J.T.: Start by seeking out anyone who has successfully transitioned from sales management to training. Those are the people who will be able to suggest the best way to network and present yourself as you pursue an ideal job. They even might be able to open doors for you.
DALE: Let me turn J.T.’s suggestion into a specific assignment: Find five people who are currently in your dream job, and speak to them about how they got there. You can use social media and networking to find the people, then email them and ask to speak with them, explaining that you are doing a research project assigned by two career columnists. We will expect you to report back. However, there’s more to the assignment: I also want you to get those five dream jobbers to describe how they spend their workdays. I’ve seen so many people spend years getting their “dream job” only to discover that it’s nothing like they’d envisioned, whereupon they feel cheated and doubly lost.
J.T.: That assignment will help in another way, as well. There is an expectation in job searching today that you be very clear in who you are and what your strengths are as they apply to the role. Only by truly understanding the job can you begin to develop a personal brand to sell to the new industry.
DALE: Meanwhile, you should be open to the possibility that a single jump from your current position to your dream job is not feasible. That’s likely, and that’s OK. Instead, evolve toward the new career. Move into sales management with a travel company, or into training with a banking institution. Your goal is to evolve from one career into another without starting over. The shortest distance between two careers rarely is a straight line.
Dear J.T. & Dale: I have not been employed since graduation from medical school in December 2008. At that time, I was dealing with a very odd legal situation, and I also began experiencing strange immune problems. I’m doing fine now, though my doctor never did nail down a diagnosis. I realize that this employment gap makes me an unattractive job candidate. How do I get employers to look past my rèsumè and give me a shot?
– Erin
J.T.: Don’t show it to them. Hear me out… You will continue to get shot down if your rèsumè is their first impression of you. Imagine meeting the same people at an event. Picture yourself chatting with them about the industry and having meaningful conversations about the work they do. When they say, “What do you do?” imagine saying you are looking for work in the field. Don’t you think they’d be interested in learning more about you? The answer is yes, because their first impression of you will be of a smart, engaging professional, not someone who hasn’t worked since medical school.
DALE: You might be thinking that even if you become a star at networking, eventually they will find out about your years of non-employment and wonder. Normally, I urge job searchers not to talk about medical problems, because it scares away most employers. However, in your case, your doctor’s inability to “pin down a diagnosis” probably is a blessing. You can single out a medical explanation that won’t raise concerns about your future health, and as you do, the gap disappears as
an issue.
– Workplace consultant and career coach J.T. O’Donnell has coached, trained and mentored employees and managers on a wide variety of career-related subjects since 1994. Her book, “CAREEREALISM: The Smart Approach to A Satisfying Career” is available at JTODonnell.com.
Management guru Dale Dauten has written six books and is an authority on innovation in the workplace. His latest book, “Great Employees Only: How Gifted Bossess Hire & Dehire Their Way to Success” is available at Dauten.com. ©2012 King Features Syndicate.
