Illegal Interview Questions

Illegal job interview questions are important to be aware of, whether you are conducting an interview or being interviewed. The general rule of thumb is that anything involving gender, age, religion, disabilities, marital status, sexual preference, ethnicity, and parental status are things to be avoided (especially here in the United States).

In addition to our article on standard interview questions, this article aims to help increase your awareness and ability to ace any interview thrown your way. Just because these questions are illegal, it doesn't mean that they won't be asked in an interview. After this primer, you'll be aware of what you don't have to answer.

What Makes an Interview Question Illegal?

For the most part, common social graces dictate the legality of an interview question. Any information that can be used for discriminatory practices would be defined as illegal. From the interviewers point of view, these questions should be avoided not only for their legality, but also for liability reasons (not to mention poor taste). From the interviewees perspective, know that you do not have to answer the question.

Keep in mind that most illegal questions are asked simply out of ignorance of the law. Outside of the workplace, many illegal job interview questions would seem like small talk. In our hyper-sensitive culture however, they can be used as proof of discrimination. Fortunately though, if you are truly discriminated against with illegal questions, you are covered under U.S. law.

Illegal Interview Questions

• "Are you married?" or "Is that your maiden name?"
• "Where did you grow up?" or "Where were you born?"
• "What did your parents do for a living?"
• "How old are you?"
• "Do you have children?" or "Are you planning on having children?"
• "Are you in the military?"
• "Do you observe [insert religious holiday here]?"
• Any questioning of disabilities ("Can you use your legs?")

How to Respond to an Illegal Interview Question

If you feel comfortable enough, you can respond to the intent of the question. "Were you born in the United States?" can be met with "I am authorized to work in the United States". If the questioning persists, ask yourself whether or not you would want to work in that kind of environment to begin with.

Who do I complain to about Illegal Interview Questions?

If you feel you've been discriminated against while job hunting, you can file a claim with the U.S. Equal Employment Opportunity Commission (EEOC) by contacting a lawyer or your local EEOC office.

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