Inappropriate and Illegal Questions

We have focused on types of interviews and the questions you will be asked, now we will look at some potential issues that could arise during the interview.

There are federal and state laws in place to prevent discriminatory hiring and employment practices. These laws make it illegal in the United States for an employer to discriminate against a job applicant. The list below offers topics and examples of some illegal interview questions (Heathfield, 2020).

• Work/Visa status citizenship

  • Are you a U.S. citizen?

  • Where were you born?

• Marital/Family status

  • Are you married?

  • Do you have children?

• Age

  • How old are you?

  • How long have you been working?

• Disability Status

  • Do you take any prescription medications?

  • Do you have any disabilities?

• Religion

  • Will you need time off for religious holidays?

You may not be aware of your protections under the law making it difficult to know when an interviewer is asking an inappropriate or illegal question. Becoming aware of the questions you cannot be asked is the first step in navigating what can be an uncomfortable situation.

What should you do if you are asked an inappropriate or illegal question during a job interview? Do you answer the question or challenge the interviewer? That depends on you, your situation, and your values. You might choose to answer the question directly even though you are aware it is unlawful. You can avoid the question by asking them to reword the question, or seek clarification by indicating you are unsure of what they are asking. This may help the interviewer realize they are off base and need to rephrase or change the question. You might also politely decline to respond by stating you are not legally required to provide the information requested.

It is not uncommon for people to be asked if they would remain employed at a company after they become a parent, or if their spouse changed jobs. It also is not unheard for women to interview for a job and then tell the employer after being hired they are expecting. Women often feel if they mention they are pregnant in an interview or if they have young children, they won’t get hired. People who are older also often feel that because of their age and experience, they may be discriminated against.

As noted above, anything relating to your religious status, medical condition, marital status, or sexual orientation should not be asked in an interview. However, a company may ask you about working long hours or on the weekends, relocating, lifting heavy items, or if you have ever been convicted of more than a traffic ticket. They are also free to ask if you have any conditions that would prevent you from reasonably performing the job duties (Yale University, 2021).

Being discriminated against in a job interview can be extremely discouraging and make it difficult to continue the job search. If you are willing to put in the effort to put your best face forward, make a great impression, and answer interview questions effectively, you will find a place to work where you can thrive. You should never have to settle for an organization that asks inappropriate or illegal interview questions.