Illegal Questions
You should be aware of questions that are considered illegal. By law, an interviewer may not ask you certain questions, and you should be aware of these in case one comes up during an interview.
Federal law prohibits employers from discriminating against a candidate on the basis of sex, age, race, nationality, or religion. If you are asked a question that seems to probe one of these private matters, it is most likely an illegal question. For instance, an interviewer may not ask you about your age or your date of birth. However, he may ask you if you are over the age of 18, as that may apply to the job.
If you are asked an illegal question during an interview, don't jump up and try to make a citizen's arrest or demand that the interviewer retract the question immediately. The truth is, many employers simply don't know what is legal and what is illegal to ask an applicant. That said, if asked a question that you believe to be illegal, be tactful about not answering it directly.
One strategy you can employ is to address the purpose of the question. For example, an interviewer who asks you about your plans to have children could be concerned that you will not be able to fulfill the travel requirements of the job. Address the heart of the matter by saying, “I'm not quite sure I understand.”
If you can determine the interviewer's concerns, you can allay them with a reply such as, “I'm very interested in developing my career. Travel is definitely not a problem for me. In fact, it is one of the aspects I enjoy most about this job.”
Other ways to deal with illegal questions include answering the question anyway or tactfully pointing out that the question is illegal and declining to answer it. You can simply say, “That question makes me a bit uncomfortable. I'd really rather not answer it.” Though the situation is one that will probably lead to defensiveness on the part of the interviewer, avoid reacting in a hostile fashion. Remember, in many cases the question was asked out of simple carelessness or to help the interviewer make small talk.
The following responses outline some of the many ways in which you could go about answering what is, essentially, an illegal question:
Q: What religion do you practice?
I make it a point not to mix my personal beliefs with my work, if that's what you mean. I assure you that I value my career too much for that.
I'm not quite sure what you are getting at. Could you please explain how this issue relates to the position?
Q: How old are you?
How old do I look? (That response turns it right back at the interviewer.) You can also respond with: Well, I have more than thirty years of experience in this industry. My area of expertise is in …
I'm not quite sure what you are getting at. Could you please explain how this issue relates to the position?
Q: Are you married?
No.
Yes, I am. But I keep my family life separate from my work so that I can put all my effort into my job. I'm flexible when it comes to travel and late hours, as my references can confirm.
I'm not quite sure I understand. Could you please explain how this issue relates to the position?
Q: Do you have children?
No.
Yes, I do. But I keep my family life separate from my work life so that I can put all my effort into my job. I'm flexible when it comes to travel and late hours, as my references can confirm.
I'm not quite sure what you are getting at. Could you please explain how this issue relates to the position?
Most questions are asked illegally by a novice interviewer who is not really trying to be discriminating. You owe it to yourself to respond as you see fit, without putting the interviewer on the defensive. Diffusing the situation through humor is often a good antidote.
If you are truly offended by a question and believe the interviewer's intent was malicious, you have a right to terminate the interview and leave. An illegal question does not necessarily mean a crime was committed. The EEOC is the government agency for responding to complaints of employment discrimination. The EEOC website has a section with information on filing charges, or a job candidate may contact the local EEOC office. Be aware that there are time limits for filing a complaint.
