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Illegal Interview Questions - What If They Ask ...?

The interview process is governed by State/Provincial and Federal laws that determine inappropriate or illegal interview questions. The guidelines are usually available from the Human Resources Department of the hiring company, or your State/Provincial legislator.

Interview questions should be "job-related," not used to discover personal information. Some of the most stressful questions are actually illegal. Such questions can make the interviewee angry, especially if they are obviously illegal. This situation is a catch-22 - if you choose not to answer these questions based on the fact that they are illegal, it could unfairly cost you the job. This is something you should prepare for prior to the interview.

For example, if the interviewer asks an illegal question, your first reaction may be to respond, "That's illegal and I'm not going to answer." Stop yourself. It's best to give the interviewer the "benefit of the doubt." There may be a reason he/she is asking the question, or they may simply not know any better. Don't be defensive and create an uncomfortable feeling or break trust. However, keep in mind that if you answer the question, it releases information to the employer that you might rather keep private.

Let's discuss examples of illegal questions and how to answer them.

An common example is, "Do you have children?"

You could answer, "Yes, I have three children: one, three, and six years old." However, you need to consider the true purpose of the question. The hiring manager may be trying to find out what distractions you have in your life, probably thinking that typically parents need more time off for doctor's appointments, children's sick days, and unreliable childcare arrangements, and may be unable to work extra hours. This is not necessarily true, but it is what many hiring managers think, especially if they don't have children. They may not offer you the position, thinking that you will have too many distractions or obstacles in your personal life.

A possible alternative answer could be, "Yes, I do have children, however, I can guarantee you that my childcare arrangements are exceptional and I have my mother as a backup in an emergency."

Here are some other examples of illegal interview questions:

What's your age or your date of birth?
Does your religion allow you to work on Sundays?
What is your political affiliation?
How is your health?
Does your family approve of your travel?
Have you ever been arrested?
Do you speak English at home?
Are you divorced?
Is that Miss. or Mrs.?
What race are you or what is your native language?
Is your husband or wife employed?
How will you handle the long commute?

Most interviewers are just curious - they don't mean to be insensitive and are probably unaware that their question is inappropriate. What happens is they get to know your skills and professional experience and believe you can do the job - then they just want to get to know you as a person. So ensure that your response is positive. This is the only way you will get a job offer.