| How To Respond To Illegal Questions In The Interview
Perhaps the questions that stump most candidates-and cause them the most stress-are illegal questions, questions that probe into their personal lives and backgrounds. Illegal questions are rarely intentional; it is more likely that the interviewer is inexperienced or unfamiliar with the laws governing employment interviews. Rather than assume the worst, remain polite and shift the focus from your personal life to your skills and abilities.
There are federal laws that protect employees against discrimination in the workplace. Title VII of the Civil Rights Act of 1964 (amended in 1991) prohibits discrimination against any person based on race, sex, age, national origin, or religion. Title I of the Americans with Disabilities Act of 1990 covers employment of persons with Disabilities. The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964, which states that discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII. The Age Discrimination in Employment Act of 1967 protects individuals who are 40 years old of age or older from employment discrimination based on age. Additionally, many states, such as New York and California, have laws that protect people against discrimination in pre-employment interviews.
As a general rule, employers cannot base hiring policies on stereotypes or general opinions about certain groups; for example, that women are better suited for certain occupations than men. While the laws are quite clear that it is unlawful to discriminate on the basis of religion, gender, or national origin, there are circumstances where any of these factors is "a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise." However, the law says that race or color can never be a bona fide occupational qualification. Interviewers should ask questions that focus wholly on the position and your qualifications. You are not obligated to disclose any information that does not relate to your ability to carry out the job. Nor is it a good idea to volunteer this information.
What constitutes an illegal question? Here are some examples:
| Acceptable |
Unacceptable |
| Have you worked for this or other companies under a different name? |
What is your maiden name? |
| Are you over 18 years of age? |
What is your date of birth? What is your age? |
| This job requires work on the weekend. Is that a problem? |
What religion do you practice? |
| Does this company employ your spouse? |
Are you single or married? |
| What languages do you read, write, or speak fluently? |
What is your native language? |
| Can you perform this function with or without reasonable accommodation? |
Would you need reasonable accommodation in this job? |
| Do you have 20/20 corrected vision? |
What is your corrected vision? |
| How many days were you absent from work last year? |
How many days were you sick last year? |
| Do you drink alcohol? |
How much alcohol do you drink per week? |
If you are asked a personal question, you need to decide whether or not you want to answer. The question may seem innocent enough that you won't mind answering it. On the other hand, you may feel caught between a rock and a hard place when asked an inappropriate question. If you do answer the question, you could be providing information that could result in your not getting an offer. If you don't answer it, you appear uncooperative. If you challenge the question, you risk appearing argumentative.
If you begin to feel uncomfortable and think that the line of questioning has become too personal, ask the interviewer to explain the relevance of such questions to the position. If you feel that the interviewer's questions have truly crossed the line, a call to the Human Resources Department may be warranted. If you choose to make this call, be sure to maintain a professional tone and stick to the facts.
Remember that the goal of the interview is to get a job offer. Later, if you should decide that this is not the company for you, you can always reject the offer.
For more information about the entire interview process, The Interview Handbook, published by the ACS Department of Career Services, is your guide to the various techniques and skills needed to interview successfully.
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