Regulations and US Law provide extensive protection against discrimination in employment. Many companies and organizations you will encounter state explicitly that they follow Equal Opportunity Employer guidelines. Basically, this means that they do not discriminate on the basis of age, gender, marital status, religion, or sexual orientation, to name a few. The Persons with Disabilities Acts also specifically protects people with physical or mental disabilities or handicaps in addition to providing special accommodations for them (e.g. wheelchair access). Because of these laws, organizations are increasingly careful about the way in which they ask questions in interviewing; no one wants to be the subject of a lawsuit claiming discriminatory hiring practices. Generally, employers must focus on what they need to know to ascertain whether the candidate is capable of doing the job. All questions must be directly relevant to the job for which the candidate is applying.
While no specific federal, state, or local entity specifically provides a list of illegal interview questions, there is sufficient precedent (legal history) in court rulings, legislative decisions, regulations, and constitutional laws to govern certain categories of questions. Some of these questions may be perfectly acceptable outside of the US and so, may appear to be benign. As an interviewee, you should be aware of the types of questions that may be problematic in the US as well as how to handle them in an interview. Bear in mind that both law and precedents continue to change. Therefore, the list of potentially illegal questions (or their legal counterparts) presented here is in no way exhaustive.
Sample Illegal Interview Questions
Category
Example of Illegal Questions Possible Legal Alternatives
| Category |
Example of Illegal Questions |
Possible Legal Alternatives |
|
Age |
• How old are you?
• When is your birthday?
• In what year were you born?
• In what year did you graduate from college/ high school? |
• Are you over the age of 18?
• Can you, after employment, provide proof of age? |
|
Marital/ Family Status (often alludes to sexual orientation) |
• Are you married or do you have a permanent partner?
• With whom do you live?
• How many children do you have?
• Are you pregnant?
• Do you expect to become have a family? When? How many children will you have?
• What are your child care arrangements? |
• Would you be willing to relocate if necessary?
• Travel is an important part of the job. Do you have any restrictions on your ability to travel?
• Do you have responsibilities or commitments that will prevent you from meeting specified work schedules?
• Do you anticipate any absences from work on a regular basis? If so, please explain the circumstances. |
|
Personal |
• How tall are you?
• How much do you weigh?
(Questions about height and weight are always illegal unless it can be proven that there are minimum requirements to do the job.) |
• Are you able to lift a 50-pound weight and carry it 100 yards, as that is part of the job? |
|
Disabilities |
• Do you have any disabilities?
• Have you had any recent illness or operations?
• Please complete this medical questionnaire.
• What was the date of your last physical exam?
• How's your family's health?
• When did you lose your eyesight/ leg/ hearing/ etc.? |
• Are you able to perform the essential functions of this job with or without reasonable accommodations? (Legal if the interviewer thoroughly described the job.)
• Will you be able to carry out in a safe manner all job assignments necessary for this position?
• Are you able to lift a 50-pound weight and carry it 100 yards, if that is part of the job?
• NB: Medical exams are legal AFTER an offer has been extended; results should be held strictly confidential except for reasons of safety. |
|
National Origin/ Citizenship |
• Where were you/your parents born?
• What is your native language?
• What is your country of citizenship?
• Are you a US citizen? |
• Do you have any language abilities that would be helpful in doing this job? (Legal if language ability is directly relevant to job performance.)
• Are you authorized to work in the United States? |
|
Arrest Record |
• Have you ever been arrested? |
• Have you ever been convicted of ____ crime? (Legal if the crime is reasonably relevant to the job; e.g. embezzlement for a banking job.) |
|
Military Service |
• What type of discharge did you receive? |
• In what branch of the Armed Forces did you serve?
• What type of training or education did you receive in the military? |
|
Affiliations |
• What clubs or social organizations do you belong to?
• Do you go to church? |
• List any professional or trade groups or other organizations that you belong to that you consider relevant to your ability to perform this job. |
Handling Illegal Questions
It is quite likely that you will be asked one or more of the above questions, often in a seemingly harmless or casual sort of way. Being aware of them is the first step; handling them well is the most important part. You have four options: answer the question; ignore the question; bluntly refuse the question; or address the underlying issue. Sometimes, people simply make a mistake in their choice of words or phraseology, resulting in a question that is phrased improperly. Other times, the interviewer displays some bias in his/her questioning. You need to be prepared to make a split-second decision about how you want to proceed, depending on the broader circumstances of your interview.
• Answer the question: This is your right and may be appropriate depending on the situation. However, be aware that you are giving information that is not relevant for the job. Furthermore, you could be giving the “wrong” answer, thus hurting your chances of winning the job.
• Ignore the question: Sometimes, it is possible to evade the question or change the subject. However, this tactic can also generate more questions in the interviewer's mind, as you are seemingly unable to or uncomfortable in answering the question.
• Bluntly refuse the question: This can be risky as you may offend the interviewer. On the other hand, you may wish to consider whether this is someone for whom you'd like to work. A more tactful response may be to ask how this question is relevant for the job.
• Address the underlying issue: Often you can readily identify the underlying concern. In that case, it is prudent simply to answer that question rather than the one specifically asked. For example, an interviewer who asks “Of what country are you a citizen?” may really want to know if you are authorized to work in the US (or another country that is directly relevant to the job). In that instance, you may respond: “I am authorized to work in the US”. Clearly here the risk is in identifying correctly the underlying issue.
Getting Help
In addition to checking periodicals or reviewing the latest information about illegal interviewing questions online, the Office of Career Development staff can help you to recognize and handle illegal questions effectively in both interviewing and networking situations. Remember that every encounter with a potential employer, colleague, professor, classmate, etc. is a networking opportunity. Therefore, be aware of the information you provide in these informal sessions as well as in formal interview situations.
Sources: NACE; Art Bell, McLaren School of Business, University of San Francisco; USAToday; USNews. Both of these periodicals have regular career sections available in print and online.