Illegal Interview Questions

Maybe you haven't realized it, but there are some illegal interview questions that you need to be cautious of. Various federal, state and local laws have been passed to ensure that candidates are hired on job qualifications and not by prejudicial criteria. You should understand your right and options when you are under such an unlawful situation. Based on specific laws, there are six types of illegal interview questions:

Race, Color and National Origin
Religion
Sex, Marriage, and Pregnancy
Age
Affiliations
Disability

Although these questions are labeled illegal interview questions, the act of asking them may not be illegal (the act of refusing to hire an individual solely based on the above criteria is illegal), so some career advisors would rather label them as inappropriate interview questions. The following are some sample illegal interview questions and how they can be asked appropriately.

Are you a U.S. citizen? (Are you authorized to work in the U.S.?)
How old are you?/when did you graduate? (Are you over the age of 18?)
How many children do you have?/What does your husband do for a living? (Would you be willing to travel/work overtime/relocate if necessary?)
Do you have any health problem?/Do you have any disabilities? (Are you able to lift a 50-pound weight and carry it 100 yards, as that is part of the job.)
If you've been in the military, were you honorably discharged? (What type of training or education did you receive in the military?)

However, in many cases, illegal interview questions are asked by untrained interviewers who are just ignorant of the discriminatory implications. They try to be more friendly with you and casually ask some personal questions like, "so how many kids do you have?". Now, if you immediately that it is an illegal interview question and say something like, "none of your business, why do you care", you may just ruin your interview and a potential offer. So what are you going to do?

You have several options here:

1: Get around it or redirect the discussion.

Q: Of what religion faith are you? A: Religion certainly has its place in our country. But I prefer to separate religion from work. Don't you?
Q: Do you have any disabilities? A: If you're concern that I won't be able to perform the duties of the job, I'm sure I can.
Q: What does your husband do for a living? A: My husband and I keep our professional lives separated. I love this job and have all necessary skills. Do you feel my qualifications meet your criteria?

2. Answer the question in a confident and tactful way.

Q: Have you ever been arrested? A: No.
Q: Do you have any health problem or chronic conditions of which we should be aware? A: I had a slight heart attack nine years ago, but haven't had any problem after that. My medical records indicate that I'm even more healthier than before.

3. Avoid answering the question.

Q: What is your sexual preference? A: I'm sorry, sir. But that is my private information and I can not answer it. But in fact, family members are highly supportive of my profession.

More readings and help on job interviews:

Illegal Interview Questions
Go Back To Job Interviews Page