What to do if Asked Illegal Interview Questions?

Nancy Anderson
Posted by in Career Advice


In an effort to weed out unsuitable candidates, hiring managers may inadvertently cross the line by asking you illegal interview questions. The Equal Employment Opportunity Commission prohibits many forms of job discrimination, but if you are not aware of your rights, you can easily fall prey to intrusive or judgmental questions about your personal life or qualifications. Responding defensively may undercut your chances, so focus on reframing or deflecting questions when interviewers overstep their boundaries.

Learn the Off-Limits Interview Topics

EEOC laws forbid interviewers from discussing personal topics, such as sexual orientation, gender, race and religion, that are unrelated to performance and put you at risk of intentional and unintentional job discrimination. The laws are designed to protect you from disproportionate disadvantages based on biased or ignorant perspectives. For example, if you are a woman, interviewers cannot ask about future pregnancy plans or child care arrangements, since employers may be unfairly reluctant to invest time in training you. Other restricted topics include ethnicity, disability, nationality and genetic predispositions.

Illegal interview questions are often easy to conceal in natural conversation, making you susceptible to answering them even when red flags go off in your head. An interviewer who is simply trying to be friendly and approachable may break the law by inquiring about the origin of your accent or asking whether you are married. Despite being at fault, interviewers are not guaranteed to respond tactfully when you point out illegal interview questions, so you must weigh your personal rights against your interest in the job.

Control the Conversation

When a prying recruiter breaches a protected topic, consider the intent behind the question, and try to give the interviewer the benefit of the doubt. A hiring manager who asks about your citizenship or country of origin may be concerned about your legal work status, rather than wary of your nationality or ethnicity. If you suspect a recruiter’s intentions are innocent, find creative ways to rephrase illegal interview questions to make them acceptable. Respond professionally with a legally valid answer, such as “If you are interested in my work status, I am legally authorized for employment, and I am happy to provide documentation.”

When dealing with loaded questions, ask for clarification and offer reassurance. These nonthreatening approaches subtly challenge the validity of illegal interview questions by forcing recruiters to re-evaluate what they are asking. For example, if an interviewer inquires about your religious observances, counter using the following: “Are you concerned about my attendance over the coming months? I do not have any personal time commitments that interfere with my work schedule.” However, interviewers who persist in asking inappropriate questions may be representative of the company culture, so do not be afraid to walk away from a mismatched work environment.

You do not have to deflect illegal interview questions if you are completely comfortable sharing the answers, but do not hesitate to set boundaries when you feel alienated. Maintain a calm, positive attitude, and respectfully let reviewers know you prefer not to answer. If a recruiter takes too many liberties during the hiring process, protect yourself and others from further discrimination by reporting the incident to the human resources department.


Photo courtesy of Master isolated images at FreeDigitalPhotos.net

 

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  • Nancy Anderson
    Nancy Anderson

    @Bonnie and @Cathryn it is true that many applications ask for dob. Unfortunately there is no real way around that. It's the same when they ask what year did you graduate from HS. It is very frustrating and, I guess, until someone actually takes a company to court, the questions of "what is your date of birth" and/or "when did you graduate from HS" will remain on applications.

  • Bonnie L.
    Bonnie L.

    Many applications on these employment online sites ask d.o.b. so of course if you fill in the year they know you are a senior, even if you look younger and appear energetic, which many seniors are, anyway, frustrating.

  • Cathryn W.
    Cathryn W.

    You forgot age--the new elephant in the room. One. Company gets

  • Tami S.
    Tami S.

    Scott,, you will also notice that the question is always optional, and allows you to check "I don't want to answer."

  • Nancy Anderson
    Nancy Anderson

    @Scott - technically this is an illegal question although so many companies ask for it today. With the advent of social media, employers can find you and will know your ethnicity without having to ask.

  • Scott D.
    Scott D.

    One question i see on many is the what race question. I thought that was illegal on ANY application??

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