Handling Illegal Questions
While it can be unpredictable what questions an employer will ask you in a job interview, there are some questions that you should be able to count on them not asking. There are several federal, state, and local laws that regulate the types of questions that employers are allowed to ask candidates during an interview. These serve as protections for your identities and affiliations, and should prevent discriminatory hiring practices.
Sometimes employers will ask illegal questions without knowing they are illegal, often in an attempt to establish a casual rapport and get to know you. If you are asked an inappropriate or illegal question, here are 3 ways to handle it:
- You can answer the question if you feel comfortable doing so. However, you risk providing information that might result in reducing your chances to be offered the job if you provide an answer that the interviewer doesn’t like.
- You can refuse to answer the question, however, you may be perceived as uncooperative or confrontational, thus the interview may not consider you an ideal candidate. If you are comfortable, you can say “I don’t believe you’re legally allowed to ask me that, can you please rephrase your question to clarify your intent?”
- You can examine the question for intent and respond with an answer that is appropriate. For example, if an interviewer asks “What country are you from?”, you can respond, “I’m authorized to work in the United States.”
Here are some examples of illegal questions and their legal counterparts:
Illegal Questions
- Are you a U.S. citizen?
- Where were you born?
- What is your native language?
Legal Questions
- Are you authorized to work in the United States?
- Do you now or will you in the future require sponsorship to work in the United States?
- What language(s) do you speak/read/write fluently?
Illegal Questions
- How old are you?
- When did you graduate?
- When is your birthday?
Legal Questions
- Are you over the age of 18?
Illegal Questions
- Are you married/engaged/divorced?
- Do you plan to have children?
- How many kids do you have?
- What are your child care arrangements?
Legal Questions
- Would you be willing to relocate if necessary?
- Would you be willing to travel if necessary?
- Would you be willing to work overtime if necessary?
Illegal Questions
- If you’ve been in the military, were you honorably or dishonorably discharged?
Legal Questions
- In which branch of the armed forces did you serve?
- What type of education or training did you receive in the military?
Illegal Questions
- How tall are you? How much do you weigh?
Legal Questions
- Are you able to lift a 50-pound weight and carry it 100 yards?
Illegal Questions
- Do you have any disabilities?
- Please complete the following medical history
- Do you need any accommodations to perform the job?
Legal Questions
- Are you able to perform the essential functions of the job?
- Can you demonstrate how you would perform the following job-related functions?
- As part of the hiring process, after an offer is made, you will be required to undergo a medical exam (Pre-employment questions about illness may not be asked. Exam results after the offer is made must be kept confidential, unless emergency medical treatment is required.)
Illegal Questions
- Are you a member of any churches or religious groups?
- Which political party are you most closely aligned with?
Legal Questions
- Are there organizations to which you belong that you consider relevant to your ability to perform this job?
Illegal Questions
- Have you ever been arrested?
Legal Questions
- Have you ever been convicted of _____? (The crime should be reasonably related to the performance of the job functions.)