How to handle illegal interview questions?

Handling illegal interview questions with professionalism and confidence is essential to protect your rights and maintain your integrity during the job application process. Illegal questions are those that violate employment laws by targeting protected characteristics such as race, gender, age, religion, marital status, disability, sexual orientation, and more. Here's a comprehensive guide on how to recognize and handle such questions effectively:

1. Understand What Constitutes Illegal Interview Questions

a. Definition

Illegal interview questions are inquiries that infringe upon federal, state, or local anti-discrimination laws. These questions are designed to elicit information about personal characteristics that are protected by law, which should have no bearing on your ability to perform the job.

b. Protected Characteristics

Commonly protected characteristics include:

• Race or Ethnicity
• Color
• National Origin
• Sex (including gender identity and sexual orientation)
• Religion
• Age
• Disability
• Marital Status
• Genetic Information
• Veteran Status

2. Common Examples of Illegal Interview Questions

a. Personal Life and Family

• "Are you married?"
• "Do you have children or plan to have them soon?"
• "What is your marital status?"
• "Who do you live with?"

b. Age-Related Questions

• "How old are you?"
• "What year were you born?"
• "When did you graduate high school?"

c. Disability and Health

• "Do you have any disabilities?"
• "Have you ever been sick?"
• "How many sick days did you take last year?"

d. Religion and Beliefs

• "What is your religion?"
• "Do you observe any religious holidays?"
• "What church do you attend?"

e. National Origin and Citizenship

• "Where were you born?"
• "Are you a U.S. citizen?"
• "What is your native language?"

f. Gender and Sexual Orientation

• "Do you identify as male or female?"
• "Are you transgender?"
• "What is your sexual orientation?"

g. Genetic Information

• "Do any diseases run in your family?"
• "Have you ever had genetic testing?"

h. Arrest Records (Not Convictions)

• "Have you ever been arrested?"

Note: While employers can inquire about criminal convictions relevant to the job, questions about arrests without convictions are generally prohibited.

3. Recognizing Illegal Questions

a. Assess Relevance

Consider whether the question is directly related to the job's requirements. For example, asking about your willingness to travel or relocate is permissible if it's relevant to the position.

b. Look for Protected Characteristics

Identify if the question targets any of the protected characteristics listed above. If it does, it's likely illegal.

c. State and Local Laws

Be aware that some regions have additional protections beyond federal laws. Familiarize yourself with your local employment laws to understand the full scope of prohibited questions.

4. Strategies for Handling Illegal Questions

a. Stay Calm and Composed

Maintain your professionalism. Responding emotionally can undermine your position.

b. Redirect the Conversation

Shift the focus back to your qualifications and the job requirements.

Example:

• Interviewer: "Do you have any plans to start a family soon?"
• You: "I'm fully committed to my professional growth and am excited about the opportunities this role offers. I'm confident in my ability to contribute effectively to your team."

c. Address the Question Directly (When Comfortable)

If you feel comfortable, you can challenge the appropriateness of the question.

Example:

• Interviewer: "How old are you?"
• You: "I prefer to focus on how my skills and experiences align with the requirements of this position. I'm enthusiastic about the opportunity to contribute to your team."

d. Use Humor (If Appropriate)

Sometimes, a light-hearted response can defuse the situation without confrontation.

Example:

• Interviewer: "Are you planning to get married soon?"
• You: "I'm focused on building a strong career foundation right now, and I'm excited about the potential here."

e. Provide a Brief Answer and Redirect

Answer the question briefly without elaborating, then steer the conversation back to your qualifications.

Example:

• Interviewer: "Do you have any disabilities?"
• You: "No, I don't. I'm fully capable of performing the duties required for this role, and I'm eager to contribute my skills to your team."

f. Politely Decline to Answer

You have the right to not answer inappropriate questions.

Example:

• Interviewer: "Do you have children?"
• You: "I prefer to keep my personal and professional lives separate. I'd be happy to discuss how my experience and skills make me a great fit for this role."

5. Post-Interview Actions

a. Document the Encounter

Write down the questions asked, the context, and any other relevant details. This documentation can be useful if you decide to report the incident.

b. Evaluate the Company's Culture

Being asked illegal questions can be a red flag about the company's values and culture. Consider whether you want to work in an environment that allows such practices.

c. Report if Necessary

If you believe the questions violated employment laws, you can report the incident to appropriate authorities:

• U.S.: Equal Employment Opportunity Commission (EEOC)
• Other Countries: Contact your local labor or employment standards office.

6. Legal Protections and Resources

a. Know Your Rights

Understanding your rights under laws such as the Civil Rights Act, Americans with Disabilities Act (ADA), and Age Discrimination in Employment Act (ADEA) in the U.S. can empower you to handle illegal questions effectively.

b. Seek Legal Advice

If you believe you've been discriminated against or subjected to illegal questions, consulting with an employment attorney can provide guidance tailored to your situation.

c. Utilize Support Resources

Organizations like EEOC or local advocacy groups can offer resources and support if you face discriminatory practices.

7. Preparing for the Unexpected

a. Anticipate Potential Questions

While illegal questions should not be asked, being prepared can help you respond confidently if they arise.

b. Practice Responses

Rehearse how you'll handle inappropriate questions using the strategies mentioned above. This preparation can make your responses more natural during the interview.

c. Focus on Positive Representation

Ensure that all other aspects of your interview—such as discussing your skills, experiences, and enthusiasm—are strong, so a few inappropriate questions don't overshadow your qualifications.

8. Example Scenarios and Responses

Scenario 1: Age-Related Question

• Interviewer: "How old are you?"
• Response: "I'm focused on leveraging my extensive experience to contribute effectively to your team. Let me share how my skills align with the job requirements."

Scenario 2: Marital Status Question

• Interviewer: "Are you married?"
• Response: "I'm dedicated to my professional growth and am excited about the opportunities this position offers. Let's discuss how I can add value to your team."

Scenario 3: Religious Affiliation Question

• Interviewer: "What religion do you practice?"
• Response: "I respect all faiths and am committed to maintaining a diverse and inclusive work environment. I'd love to focus on how my background and skills make me a strong fit for this role."

Scenario 4: Citizenship Question

• Interviewer: "Are you a U.S. citizen?"
• Response: "Yes, I am authorized to work in the United States, and I'm excited about the possibility of contributing to your team."

9. Additional Tips

a. Maintain Professionalism

Regardless of the nature of the question, respond respectfully. This approach reflects well on your character and professionalism.

b. Stay Focused on Your Goals

Keep the interview centered on how you can meet the company's needs and contribute to their success.

c. Build a Support Network

Engage with career advisors, mentors, or professional networks to gain insights and support when navigating challenging interview scenarios.

Conclusion

Handling illegal interview questions requires a combination of awareness, preparedness, and composure. By understanding what constitutes illegal questions, recognizing them during interviews, and employing effective response strategies, you can protect your rights and present yourself confidently and professionally. Remember that encountering such questions can also provide insight into a company's culture and values, helping you make informed decisions about potential employers. If faced with persistent discriminatory practices, seeking legal counsel and reporting the behavior can help address and rectify the issue. Always prioritize your well-being and seek environments that respect and value your contributions based on your skills and experiences.