By Ellen Block, Esq. Employment Law Attorney
The scene is a common one these days: a jobseeker, fighting the wake of unemployment, sits nervously outside a human resources office preparing to answer an unforeseen list of interview questions.
While formulating answers for anticipated questions, the interviewee should also be aware that there are certain questions that employers cannot ask. Questions that go beyond the scope of the abilities needed to perform the job are off-limits during a job interview. A question is unlawful when it is directed to find out about race, religion, national origin, sex, age, ancestry. Also, beware of questions regarding personal info like pregnancy, children, weight, height or other questions that seem irrelevant to the job.
For instance, it is unlawful for employers to inquire into a candidate’s plans to have a family, or if the candidate is married or has children. It is unlawful to ask if a candidate prefers to work with male or female coworkers. While an employer may ask if a candidate can perform the specific duties the job requires, asking if the candidate has a disability or a medical condition is not allowed.
Memorizing a tedious list of discriminatory questions, however, can be overwhelming and cause unnecessary stress. If you have doubts about the legality of a question simply apply the phrase “job-related” as your measuring tool.
Questions must focus on capabilities, (job-related) experiences, knowledge and skills required to perform the job.
10 Examples of unlawful interview questions:
- How tall are you?
- Are you a US Citizen?
- How old are you?
- Are you really a man?
- Are you Chinese or Japanese?
- What religion are you?
- Have you ever filed for bankruptcy?
- Have you ever been arrested?
- Are you married?
- How many children do you have?
If an interviewee feels a question goes beyond the job-related threshold, Florida Southern College Director of Human Resources Roberta Anderson-Barnes said she encourages the candidate to address the question immediately.
“Ask the interviewer to restate the question as it relates to the position or position requirements,” she advises.
Tips On How To Respond To Illegal Interview Questions:
First and foremost, avoid reacting in a hostile fashion remember that you can always decide later to decline the job offer. Your goal during the interview is to try and get the job offer.
Response 1: Go ahead and answer the question. If you don’t feel uncomfortable and you think your answer is in your favor, why worry? Go ahead and answer the question and make no mention that you think it’s improper or illegal. Just remember that you run the risk of harming your candidacy if you give an answer not favorable to what the interviewer has in mind.
Response 2: Refuse to answer the question. You are within your rights but in a delicate and sensitive area with regards to the potential job offer. You can say politely that you don’t feel comfortable answering the question and ask to move on. You may even want to mention to the interviewer that the question is illegal and doesn’t pertain to the job. The key here is to be as tactful as possible. But keep in mind, you may come across as confrontational or not a “team player” in the eyes of the interviewer.