How to Handle Illegal Interview Questions
This information is meant to raise your awareness
of issues related to interviewing and specific interview questions,
not to scare you. Most employers are honest and only ask
questions that are relevant to the position.
What is an Illegal Interview Question?
Title
VII of the Civil Rights Act of 1964 makes discrimination on the
basis of national origin, citizenship, age, marital status,
disabilities, arrest record, military discharges, or personal
information (e.g. height, weight) illegal. Any question that asks a
candidate to reveal information that falls into any of these
categories violates this act.
Which Questions ARE Still Legal?
If employers can phrase questions so they directly
relate to specific occupational qualifications then the questions may
be legitimate. For example, an interviewer may NOT ask your age in an
interview, but the interviewer may ask if you are over the age of 18
if being over the age of 18 is a requirement of the job.
What Should I Do if I am Asked
an Illegal Question?
If you are asked an illegal
question during an interview, you have several alternatives:
1. Answer the question.
You may actually help your
chances of getting the job, particularly if you give the "right"
answer. Doing so, however, may convey to the interviewer that you
are not familiar with the law. You may also harm your chances of
being hired if you give the "wrong" answer.
2. Refuse to answer the question.
You have the right to not answer an illegal
question. However, a flat refusal to answer may harm your chances of
being hired for the position if, as a result, the interviewer sees
you as an uncooperative or stubborn person.
3. Examine the intent behind the question.
Usually an interviewer who asks an illegal question
is not intending to break the law. For example, if the interviewer
asks "Do you have children?" the intent may be to find out if you
will be able to travel as part of the job or possibly work late
hours. Try to answer the intent of the question, rather than the
question itself. A potential response might be, "I assume you are
asking this because you are concerned about your employees'
reliability and dedication. I can assure you that I can meet
any work or travel schedules required of this position." You may or
may not want to acknowledge that the question is illegal.
4. Ask how the question relates to your
qualifications or the requirements of the job (and answer the
intent as demonstrated in #3).
5.
Ignore the question and ask to move on.
6. Walk out of the interview -
this would have the most devastating impact on your chances for
employment.
The way you handle illegal questions will depend
on your personal preference. If you are asked an illegal question and
you would prefer not to work for an organization that asks such
questions, then do not be afraid to refuse to answer the question and
tell the interviewer why. Pointing out illegal questions may persuade
the interviewer not to ask them of other candidates in the future. If
you encounter an illegal question during an interview, you are
encouraged to share your experience with the Career Center staff. |
