Illegal Interview Questions?
List of illegal interview questions. Employers should avoid asking these prohibited questions in a job interview.
Candidates who pick up on illegal questions should know how to deal with them in a professional manner during the job interview.
It is important to be aware that interview questions should be directly
related to the job opportunity and not used to find out personal
Find out the best way to handle inappropriate interview questions.
Discrimination in hiring
Certain laws regulate the questions an interviewer can ask the job candidate. Questions about any of the following could result in discrimination in hiring:
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?"
Sample illegal interview questions
Are you a US Citizen?
Where were you born?
What is your home language?
How many children do you have?
Are you married?
What religion do you practice?
What age are you?
Do you plan to start a family soon?
Have you had any recent illnesses?
When did you last have a physical examination?
Do you drink socially?
What outstanding debts do you have?
Do you own your house?
Handling illegal interview questions
Candidates 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 inappropriate 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.
Sample answers to illegal interview questions
- Questions about your birthplace and citizenship can be rephrased to check exactly what the interviewer is asking. "Do you want to know if I am authorized to legally work here?"
- Questions about your home language can be answered 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 interview questions about your family-status 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.
- The question about starting a family
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."
- Age-related questions are illegal. 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 health and medical status
are usually illegal interview questions. 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.
- Illegal questions about religion may be asked to see if your religious beliefs and practices may interfere with your work schedule. An appropriate response is "My religious practices do not impact on my work" Employers are allowed to ask if you are available to work on Sundays.
- Questions about your financial situation
including debt and property ownership are not allowed. Employers need
your permission before asking about or investigating your credit history.
- Questions about your social lifestyle including drinking can violate the American with Disabilities Act. You can respond with "I prefer to keep my social and work life separate."
interviewers do not deliberately ask illegal interview questions, it is
often unintentional. It is up to the candidate to recognize an illegal question
and respond in an appropriate and professional manner.
Interviewers should keep the interview focused on the requirements of the position and exploring the skills and competencies required to perform the job properly.
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These are the questions that candidates should not ask in their job interviews.
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