In this article, we will learn how to deal with illegal or inappropriate interview questions. We will cover the types of questions that should not be asked during an interview and how to respond to these questions. We will also discuss the actions that can be taken if you are faced with illegal or inappropriate questions.
Illegal Interview Questions
Federal and state laws prohibit potential employers from asking certain questions that are not related to the job you are being hired for. Employers should not be asked to inquire about any of the following unless it is relevant to the job requirements:
- Race
- Color
- Gender
- Religion
- National origin
- Place of birth
- Age
- Disability
- Marital/Family status
- Salary (in some locations)
Job requirements related to an employee’s gender, national origin, religion, or age can only be used in very limited circumstances. This is legal only when the employer can prove that these requirements are reasonably necessary for the normal operation of the business. For example, it may be acceptable to require a candidate to be a Roman Catholic for a job as a faith formation director in a Catholic church.
How to Respond When an Illegal Question is Asked
If an illegal question is asked or the questions begin to take an illegal direction, you always have the option to end the interview or refuse to answer the question. It may be difficult to do so, but you should feel comfortable working at the company. If the questions being asked during the interview reflect the company’s policies, it might be best to know that now.
Sometimes, interviewers may inadvertently ask inappropriate questions, in which case you may choose to respond politely, avoiding the substance of the question but discussing the intent. Here is more information about what can and cannot be asked of job candidates and how to respond if an inappropriate question is posed.
Age-Related Questions
In some cases, an employer may need to know the age of the job applicant. The interviewer can ask a young applicant if they have appropriate work documentation. If the job requires that an applicant be of a minimum legal age for the position (e.g., bartender), the interviewer can ask as a condition of employment for proof of age. If the company has a regular retirement age, they are allowed to ask if the applicant is below that age. However, the interviewer cannot ask your age directly, such as: How old are you? When did you graduate? What is your date of birth?
If you encounter these questions, you can choose not to answer or respond candidly and vaguely, such as “My age is not an issue for my performance in this job.”
National Origin
There are some questions that can be legally asked regarding national origin and race that relate to employment. An applicant may be asked to be proficient in a certain number of languages during the interview, or to have the legal right to work in the United States. It is not permissible to ask someone to respond to questions such as “Is English your first language?”, “Are you a U.S. citizen?”, “Were your parents born in the United States?”, and “What race do you consider yourself to be part of?”. When faced with such questions, you can refuse to answer, simply saying “This question does not affect my ability to perform the job.”
Interview Questions About Credit
A potential employer may not ask about your financial status or credit rating during the interview. There are limited exceptions to this if you are applying for certain financial and banking positions. Additionally, employers can check the credit of job applicants with the candidate’s permission.
Record
Criminal Background
During the interview, the interviewer can legally ask about any felony convictions related to job duties. For example, if you are applying for a job that requires handling money or goods, you may be legally asked whether you have committed theft in the past. During the interview, you cannot be asked about arrests without convictions, or participation in any political demonstrations. You may choose to simply tell the interviewer, “There is nothing in my past that affects my ability to perform the duties of this job.” Depending on your state and the type of job you are applying for, the employer may be able to check your criminal record as part of a job background check.
Disability
During the interview, the interviewer may ask questions about your ability to perform specific tasks, such as “Can you safely lift and carry items weighing up to 30 pounds?” or “This job requires standing for your entire shift, can you do that comfortably?” or “Can you sit comfortably for your entire shift?”. Under no circumstances should a potential employer ask questions about your height, weight, or any details about physical or mental limitations you may have, unless they directly relate to the job’s requirements. If you choose to respond, you can say, “I am confident that I will be able to handle the requirements of this job.” The Americans with Disabilities Act (ADA) provides protections for job seekers with disabilities. It is illegal for an employer to discriminate against an otherwise qualified applicant who has a disability. The ADA applies to private employers with 15 or more employees, as well as local and state government employers.
Family Status
The interviewer may ask questions about your ability to meet work schedules or travel for the job. They may inquire about how long you expect to stay in a particular job or with the potential company. They may also ask if you anticipate long absences. The interviewer cannot ask about your marital status, whether you have children, your childcare arrangements, or whether you plan to have children (or more children). You should not be asked about your spouse’s job or salary. If you choose to answer such a question, you may state that you are able to perform all job duties.
Gender
In a personal interview, the interviewer is unlikely to be unaware of your gender, but it is important that your gender is not taken into account when evaluating your ability to perform the job. You cannot be asked about your gender during a job interview, unless it directly relates to your qualifications for the job, such as a locker room attendant or a gender-restricted bathroom attendant.
Military Service
The interviewer may ask questions related to the branch of the military you served in and your rank achieved. Questions may also be asked about any education or experience relevant to the job you are applying for. You cannot be asked about the type of military discharge you received or your military records unless it is relevant to the job you are applying for, for example, if the job requires a security clearance. In answering these questions, you may indicate that nothing in your records impedes your ability to succeed in the job.
Interview Questions About Religion
During the interview, the interviewer may ask whether you are able to work during the normal operating hours of the job. The interviewer cannot ask about your religious affiliation or the holidays you celebrate. It is illegal to require you to disclose your place of worship or beliefs. If such questions are posed, you may respond that your faith will not hinder your ability to perform the job.
Before
Filing a Complaint
Before filing a complaint about discrimination, you may want to consider that most discrimination is not intentional. In many cases, the respondent may be unaware of the law. Although the respondent may have asked an illegal question, that does not necessarily mean that the intent was to discriminate or that a violation occurred.
Filing a Complaint
If you believe you have been discriminated against by an employer, labor union, or employment agency when applying for a job or during employment because of your race, color, sex, religion, national origin, age, or disability, or if you believe you have been discriminated against for opposing a prohibited practice or participating in equal employment opportunity, you can file a discrimination complaint with the U.S. Equal Employment Opportunity Commission. To file a complaint, contact an attorney who deals with labor cases, or reach out to your local commission office.
Source: https://www.thebalancemoney.com/how-to-answer-inappropriate-interview-questions-2061334
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