potentially illegal questions during residency interviews

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twright

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FYI, of potential interest to many here:

http://journals.lww.com/academicmed..._Are_Potentially_Illegal_Questions.99362.aspx

How Prevalent Are Potentially Illegal Questions During Residency Interviews?
Hern, H. Gene Jr. MD, MS; Alter, Harrison J. MD, MS; Wills, Charlotte P. MD; Snoey, Eric R. MD; Simon, Barry C. MD

Published Ahead-of-Print

Abstract

Purpose: To study the prevalence of potentially illegal questions in residency interviews and to identify the impact of such questions on applicants' decisions to rank programs.

Method: Using an Electronic Residency Application Service-supported survey, the authors surveyed all applicants from U.S. medical schools to residency programs in five specialties (internal medicine, general surgery, orthopedic surgery, obstetrics-gynecology [OB/GYN], and emergency medicine) in 2006-2007. The survey included questions about the frequency with which respondents were asked about gender, age, marital status, couples matching, current children, intent to have children, ethnicity, religion, or sexual orientation, and the effect that such questions had on their decision to rank programs.

Results: Of 11,983 eligible applicants, 7,028 (58.6%) completed a survey. Of respondents, 4,557 (64.8%) reported that they were asked at least one potentially illegal question. Questions related to marital status (3,816; 54.3%) and whether the applicant currently had children (1,923; 27.4%) were most common. Regardless of specialty, women were more likely than men to receive questions about their gender, marital status, and family planning (P < .001). Among those respondents who indicated their specialty, those in OB/GYN (162/756; 21.4%) and general surgery (214/876; 24.4%) reported the highest prevalence of potentially illegal questions about gender. Being asked a potentially illegal question negatively affected how respondents ranked that program.

Conclusions: Many residency applicants were asked potentially illegal questions. Developing a formal interview code of conduct targeting both applicants and programs may be necessary to address the potential flaws in the resident selection process.

(C) 2013 Association of American Medical Colleges​

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QUESTIONS ARE NEVER ILLEGAL. What hogwash. Making employment decisions BASED on the answer to those questions is illegal. Asking them is perfectly legal. Common misconception.

The reason prudent employers don't ask, is because then it can't be alleged they used the information to discriminate because they never had the info in the first place.
 
Wow there's some startling revelations there: women especially those in obstetrics/gyn and general surgery programs are asked more questions about marital status children and family planning.

US allopathic students should be glad to see that the AAMC spends their tuition dollars so wisely.
 
The word "illegal" is being misused in this case. Most of the time (and in this study) when people talk about "illegal" questions, they mean "against ERAS/NRMP rules" not "against the laws of local, state or federal governments."
 
The word "illegal" is being misused in this case. Most of the time (and in this study) when people talk about "illegal" questions, they mean "against ERAS/NRMP rules" not "against the laws of local, state or federal governments."

Ah. Thanks. That makes more sense. That's a pretty flagrant misappropriation of the word illegal. The more appropriate terms might be something like "contractually disallowed" or "prohibited."
 
Ah. Thanks. That makes more sense. That's a pretty flagrant misappropriation of the word illegal. The more appropriate terms might be something like "contractually disallowed" or "prohibited."

It's ERAS/NRMP's fault though because they use the same terminology.

Still...anyone who actually asks one of those questions should expect a discrimination suit.
 
Actually, I don't believe ERAS or NRMP say anything about this. ERAS delivers applications. NRMP does have rules regarding programs asking about what other programs applicants have applied to, and about requiring a verbal commitment, etc. But nothing about this.

I am surprised that one of our legal scholars hasn't chimed in yet. My understanding was pretty straightforward:

1. When interviewing, any question asked of the candidate is presumed to potentially be used in the selection of said candidate.
2. It is illegal to discriminate based upon gender or pregnancy status.
3. Therefore, asking any direct questions about this is illegal. Any argument that the employer was asking "just to be polite" or "to make small talk" is bogus.

The key here is how it is asked. According to what I've been told (and tell my interviewers), it's illegal to ask "Are you married?" or "do you have / plan to have kids?". Never, ever. But, nothing stops you from asking "A common concern that applicants have is around affordable day care in the area. Do you have any concerns in this regard?". Note that applicants are free to answer "No", and if so you move on -- no idea if that means "I don't have / don't plan to have kids" or "I have kids but I don't worry about this". And if the applicant answers with "No", the interviewer needs to let it drop immediately.
 
I remember when I was being interviewed for medical school one of my interviewer's asked the following questions:

-Where else have you interviewed
-Are you in a relationship
-You look ______ years old. How old are you?

After each one, the interviewer would then say "nevermind I can't really ask that" then looking at me expecting me to answer them anyway. I did answer all of the above. Were any of these questions "prohibited"? More of a point of curiosity given that I'm about to get my MD shortly.

Actually, I don't believe ERAS or NRMP say anything about this. ERAS delivers applications. NRMP does have rules regarding programs asking about what other programs applicants have applied to, and about requiring a verbal commitment, etc. But nothing about this.

I am surprised that one of our legal scholars hasn't chimed in yet. My understanding was pretty straightforward:

1. When interviewing, any question asked of the candidate is presumed to potentially be used in the selection of said candidate.
2. It is illegal to discriminate based upon gender or pregnancy status.
3. Therefore, asking any direct questions about this is illegal. Any argument that the employer was asking "just to be polite" or "to make small talk" is bogus.

The key here is how it is asked. According to what I've been told (and tell my interviewers), it's illegal to ask "Are you married?" or "do you have / plan to have kids?". Never, ever. But, nothing stops you from asking "A common concern that applicants have is around affordable day care in the area. Do you have any concerns in this regard?". Note that applicants are free to answer "No", and if so you move on -- no idea if that means "I don't have / don't plan to have kids" or "I have kids but I don't worry about this". And if the applicant answers with "No", the interviewer needs to let it drop immediately.
 
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