Questions: Illegal Questions
Red flags
There are a variety of laws that regulate the types of questions a prospective employer can ask you. Certain questions are considered discriminatory because your answers, which often contain personal information, can be used against you in the hiring process by unethical employers. Questions on the application, in an interview, and during testing must be related to the job for which you are applying. You should never feel pressured to answer any questions that make you feel uncomfortable or reveal information other than your qualifications for the position.
If you are asked a question you believe to be illegal or questionable you have options. You can answer the question. However, realize that you would be providing information to the employer that is not job-related. You could also harm your candidacy by giving a "wrong" answer. Secondly, you can refuse to answer the question. You're within your rights, but you may come across as uncooperative or confrontational. A third option is to respond with an answer as it applies to the job. For instance, if the interviewer asks—illegally, we might add—"Are you a U.S. citizen?" You can respond with, "I am authorized to work in the United States."
Some other illegal questions to be wary of:
-- What is your race?
-- What color is your hair, eyes or skin?
-- Are you single or married?
-- Do you have or plan on having any children?
-- What is your religious affiliation or denomination?
-- What is your nationality?
There are questions, however, that can be indirectly asked and you may voluntarily offer the information. For example, an employer can not ask you—Where were you born? However, you can be asked—If hired, can you provide proof of citizenship? An employer can not ask you—Are you disabled? But, you can be asked—If offered the position are you capable of performing the essential functions of the job, with or without reasonable accommodations?
Interviewing can be a tricky process. Interviewers know that you are nervous and will try to play on these emotions to find out things that are otherwise none of their business.
You may find it difficult telling an employer that you find a specific question inappropriate, but you need to know and exercise your rights. If you answer questions of this nature and are then hired your employer will know that you are easily intimidated. He or she might use this information against you at some point in the future. If an employer tries to pressure you into answering inappropriate questions ask yourself if this is the type of person you want to work for? Thank them for their time and walk out with your head held high.
For more, read our Career Advice Documents or listen to our podcasts on Interviews, including "Interviews: Inappropriate Questions."
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