Say you’re interviewing for a job you really want. It’s going along well and then all of a sudden the interviewer blindsides you with a question you’re pretty sure is illegal. Panic spreads through your body. What do you do?
Even seasoned interviewers ask questions they shouldn’t while vetting candidates. In fact, many illegal questions aren’t asked with ill intent. Inexperienced interviewers may think they’re just making casual conversation when they ask if you have kids or comment on your accent, inquiring where you’re from. However, these questions are illegal to ask in the United States.
As a candidate, it’s important to know first what types of questions shouldn’t be asked. Illegal questions most often arise from these subjects:
- Gender
- Citizenship and nationality
- Marital status
- Family status and if you have children
- Age
- Religion
- Disabilities
It can be difficult to know if a question is actually illegal or not, especially when you’re put on the spot. For example, “What is your national origin?” is an illegal question. “Are you legally eligible for employment in the United States?” is not. While both questions are similar, the phrasing makes one OK and the other a violation of the law.
If you’re in an interview and asked a question you feel is inappropriate, it’s best to maintain your composure. The first step is to ask the interviewer to clarify how that particular question relates to the job. An interviewer may ask if you attend church on Sundays not necessarily to learn your religious affiliation, but if your schedule is open to work hours on that day.
Once clarification is achieved, it’s often a simple misunderstanding you can move past without further pause by answering the appropriate question. In this type of situation, you will have demonstrated a high level of professionalism and problem-solving aptitude where others may make a mistake. By not slamming your fist and declaring “That’s an illegal question!” you will stand out among the competition.
However, if the question still makes you uncomfortable even after you ask for clarification, you have the right to state you’re unwilling to answer. If a question clearly demonstrates bias or is distasteful, you should tactfully refuse to answer and try to make it through the rest of the interview. Keep in mind, this may affect your chances of getting a job, but if the question is truly offensive, you probably don’t want it anyway.
While it’s tempting to get up and walk away immediately, it’s best to get through the interview to maintain your professional reputation. That being said, if you at any time feel threatened, leave immediately; your safety is paramount. Finally, you can report illegal interview questions by filing a complaint with the Equal Employment Opportunity Commission.
