How to Handle
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In line with discrimination law interview questions must be related to the position and should be designed to answer the question, "Does this person have the necessary qualifications, skills and abilities to perform this job?".
Most interviewers do not deliberately ask illegal interview questions, it is often unintentional. It is up to you to recognize an illegal question and respond in an appropriate and professional manner.
You have three basic options when faced with an illegal question:
Go ahead and answer the question directly. If you are comfortable with providing the answer, just respond and move on to the next question. Remember though that you are giving information that is not related to the job and may be giving details that impact negatively on you.
Refuse to answer the question. This is potentially a confrontational response and should be saved for questions that are truly offensive and invasive. If the question makes you very uncomfortable you could respond with:
"That is a strange question, I haven't been asked that before in an interview. Why have you asked me that?".
However if you are asked a number of inappropriate questions you may need to consider the suitability of the job and company.
The most effective response is to not answer the illegal question directly but to determine the reason or intent behind the question. Try to find out what the interviewer is really asking by rephrasing, clarifying or questioning.
For example, a commonly asked illegal question is, "Are you a US citizen?" Rephrase the interview question to check exactly what the interviewer is asking.
"Do you want to know if I am authorized to legally work here?"
Similarly, illegal interview questions such as, "Where were you born?", "Where were your parents born?" can be responded to in the same way in your job interview.
The answer to the illegal question "What is your native tongue?" can be phrased in the following positive manner,
"I can fluently speak, read and write both English and Spanish".
This skill may enhance your suitability, so point it out while not directly answering the illegal question.
The intent behind illegal interview questions such as, "How many kids do you have?" and
"What child-care arrangements do you have?" is often to determine your reliability. Avoid any specific details, rather answer with a broad statement along the lines,
"I have made the necessary arrangements to ensure that I am able to meet all the job requirements."
Reassure the interviewer further and refer to your record of reliability in previous positions.
Interviewers are permitted to ask the questions, "Are you prepared to travel?" and "Are you able to work overtime?", if these are job requirements and all candidates are asked the question.
The question "Are you planning a family soon?" is designed to explore your long-term commitment to the job. You can respond by emphasizing your commitment without actually answering the question directly. For example:
"I am really focused on my career and you can be sure of my commitment to this job."
Interviewers are not allowed to ask you your age. With a few exceptions, the only legal age-related question is, "Are you over the age of 18?" Do not answer your age directly but deal diplomatically with this by asking the interviewer:
"Are you referring to the number of years experience I have in this field?"
Questions about your health and medical status are usually illegal interview questions, including "Have you had any recent illnesses or operations?" and "When was your last physical examination?".
The question's intent is probably to explore your ability to perform job-related functions. Responding with the general statement,
"I am fully able to perform the essential job functions as you have described them", is both professional and reassuring.
How you chose to handle illegal questions depends on what you understand to be the motivation behind the question. Most employers are not trying to set themselves up for discrimination claims and ask these potentially discriminatory questions unintentionally! Try to keep the interview focused on the requirements of the position and your suitability as a candidate. By handling illegal interview questions in a professional and mature manner you will stand out as the right job candidate.
Click here to review common interview questions and answers. These guidelines will prepare you to handle any job interview successfully.
View the Job Interview Guide to find free question and answer guides to a number of specific jobs including accounting, management, sales, secretarial, teaching and many more.
Job Interview Tips to help you stand out as the right candidate.
Prepare a list of questions to ask in your job interview. Find excellent examples at Good Interview Questions to ask.
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Return to the Sample Job Interview Questions homepage
Be prepared for potentially illegal interview questions and manage the situation like a professional.
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