How to Respond to Illegal Interview Questions

Learn how to professionally navigate and respond to illegal interview questions during job interviews.

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When embarking on the job interview process, applicants often prepare to answer questions about their experience, skills, and qualifications. However, there are times when an interviewer might ask a question that is not only inappropriate but also illegal. Illegal interview questions are inquiries made by an employer that relate to a candidate's personal attributes which are protected by law, such as age, gender, race, nationality, religion, marital status, and more.

There's a fine line between an interviewer trying to get to know you and crossing into territory that violates your rights. It's important to recognize these questions and know how to handle them professionally and tactfully. Here's a comprehensive guide on what illegal interview questions might look like and how to respond to them.

Understanding Illegal Interview Questions

Employers are prohibited from asking candidates about certain personal topics that could lead to discrimination. The exact definition of what constitutes an illegal interview question can vary by country and jurisdiction, but commonalities include inquiries about:

Age, except where age is a legitimate occupational qualification
Gender or sexual orientation
Marital status, family plans, or pregnancy
Nationality or ethnic origin
Religion or belief systems
Disabilities, unless relating to job requirements
Criminal convictions, except where relevant to the job

Employment and discrimination laws, such as the U.S. Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, set the legal framework that protects candidates from such questions.

Recognizing Inappropriate Questions

Inappropriate and illegal questions can be direct or subtly implied. For example:

"Do you have children?" This question could be a way of gauging your commitment or availability.
"What church do you attend?" This could be a probe into your religious practices.
"Where are you originally from?" This question could reflect assumptions about your nationality or ethnicity.

Strategies for Responding to Illegal Questions

Keep Calm and Stay Professional

It's essential to stay calm and not react negatively. Getting upset can jeopardize your chances of getting the job, even if the question was inappropriate.

Assess the Intent

Sometimes interviewers ask illegal questions out of ignorance rather than malice. Try to discern whether the question arises from genuine curiosity or a discriminatory intention.

Redirect the Conversation

If you're uncomfortable answering a question, try to redirect the conversation back to your qualifications and the job requirements. For instance, if asked about family, you might say, "I can assure you that my personal life will not interfere with my professional responsibilities."

Decline to Answer

You have the right to politely decline to answer an illegal question. You might say, "I prefer to focus on how my skills and experience are a good fit for this position."

Educate the Interviewer

If appropriate, you may want to gently inform the interviewer that the question they asked is not considered legal during the interview process. Do this in a non-confrontational way to maintain the relationship.

Consider the Job and Company Culture

How you respond may also depend on how much you want the job. If the question is a sign of a discriminatory company culture, you may reconsider whether you want to be employed there.

Use Humor if Appropriate

In some cases, a light-hearted response might defuse the situation and steer the conversation away from the sensitive topic.

Document the Occurrence

After the interview, make a note of any illegal questions asked. This is important if you decide to proceed with action against the employer.

What to Do After Facing Illegal Questions

Reflect on the Experience

Take time to consider your feelings about the interview and whether the questions raised concerns about the employer's values.

Seek Advice

If you're unsure about the legality of questions asked, seek advice from a lawyer or a professional in employment law.

Report If Necessary

If you believe you were discriminated against, you can file a complaint with the relevant government agency dealing with employment rights.

In Conclusion

Facing illegal interview questions can be uncomfortable, but with the right approach, you can navigate the situation with grace and professionalism. It's essential to know your rights, stay composed, and focus on how your skills and experience make you the best candidate for the job. Remember, it's not just about getting the job – it's about finding the right fit for you in a respectful and lawful working environment.

Frequently Asked Questions

Q: What are illegal interview questions?

Illegal interview questions are inquiries made by an employer that relate to a candidate's personal attributes which are protected by law, such as age, gender, race, nationality, religion, marital status, and more. These questions are considered discriminatory and violate employment laws.

Q: Why are illegal interview questions prohibited?

Illegal interview questions are prohibited to prevent discrimination in the hiring process. Asking about protected characteristics can lead to biased decisions and unfair treatment of candidates based on factors that are irrelevant to their qualifications and ability to perform the job.

Q: How should I respond to illegal interview questions?

When faced with an illegal interview question, it's important to stay calm, assess the intent behind the question, and consider your responses carefully. You can choose to redirect the conversation, politely decline to answer, educate the interviewer about the legality of the question, or even use humor to address the situation.

Q: Can I report illegal interview questions?

Yes, if you believe you have been asked illegal interview questions and discriminated against during the interview process, you have the right to report the incident. You can seek advice from a lawyer or file a complaint with the relevant government agency that handles employment rights.

Q: How can I handle a discriminatory company culture revealed through interview questions?

If interview questions disclose a discriminatory company culture, you should consider whether you want to be part of such an environment. It's important to prioritize your values and choose an employer that aligns with your principles and provides a respectful and inclusive working environment.

U.S. Equal Employment Opportunity Commission (EEOC) The EEOC provides detailed information on employment discrimination laws and how to file a complaint if you believe you have been discriminated against during the hiring process.
American Civil Liberties Union (ACLU) The ACLU offers insights into employment rights, including guidelines on handling illegal interview questions and protecting your civil liberties in the workplace.
Job Interview Tips - Indeed Indeed's comprehensive guide on how to respond to illegal interview questions, including sample answers and strategies to maintain professionalism.
LegalZoom - Employment Law Resources LegalZoom's resources on employment law provide an overview of your rights as a job applicant and how to address unlawful inquiries during interviews.
Harvard Business Review - Navigating Tricky Interview Questions This HBR article offers insights and strategies for handling inappropriate or illegal questions during job interviews, focusing on maintaining a positive interaction with potential employers.