Handling Illegal Questions
Have you ever been asked a question in an interview that made you uncomfortable? If so, the question may have been inappropriate or even illegal. Know your rights as a candidate! Beware of illegal interview questions!
Handling illegal questions in an interview can be intimidating. According to Rochelle Kaplan, General Counsel for The National Association of Colleges and Employers, there are three primary strategies for handling illegal inquiries:
- You can answer the question - you're free to do so, if you wish. However, if you choose to answer an illegal question, you give information that is not related to the position, which may ultimately work against you.
- You can refuse to answer the question, which is well within your rights. Unfortunately, depending on how you word your response, you run the risk of being perceived as uncooperative and confrontational - hardly words an employer would use to describe the "ideal" candidate. Remember, it is important to maintain your professional demeanor.
- You can examine the question for its intent and respond with an answer as it might apply to the job. For example, the interviewer asks, "Are you a US citizen?" You have been asked an illegal question. You can respond, however, with "I am authorized to work in the United States".
| Inquiry Area |
Illegal Questions |
Legal Questions |
| National Origin/Citizenship |
- Are you a U.S. Citizen?
- Where were you/your parents born?
- What is your "native tongue"?
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- Are you authorized to work in the United States?
- What languages do you read/speak/write fluently? (This question is okay only if this ability is relevant to the performance of the job.)
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| Age |
- How old are you?
- When did you graduate?
- What's your birth date?
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- Are you over the age of 18?
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| Martial/Family Status |
- What's your marital status?
- With whom do you live?
- Do you plan to have a family? When?
- How many kids do you have?
- What are your child-care arrangements?
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- Would you be willing to relocate if necessary?
- Would you be able and willing to travel as needed for the job? (This question is okay if it is asked of all applicants for the job.)
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| Affiliations |
- What clubs or social organizations do you belong to?
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- List any professional or trade groups or other organizations that you belong to that you consider relevant to your ability to perform this job.
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| Personal |
- How tall are you? How much do you weigh? (Questions about height and weight are not acceptable unless minimum standards are essential for the safe performance of the job.)
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- Are you able to lift a 50-pound weight and carry it 100 yards, as this is part of the job?
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| Disabilities |
- Do you have any disabilities?
- Please complete the following medical history: Have you had any recent or past illnesses or operations? If yes, list them and give dates when these occurred.
- What was the date of your last physical exam?
- How's your family's health?
- When did you lose your eyesight? How?
- Do you need an accommodation to perform the job? (This question can be asked only after a job offer has been made.)
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- Are you able to perform the essential functions of this job? (This question is okay if the interviewer has thoroughly described the job.)?
- Can you demonstrate how you would perform the following job-related functions??
- As part of the hiring process, after a job offer has been made, you will be required to undergo a medical exam. (Exam results must be kept strictly confidential, except medical/safety personnel may be informed if emergency medical treatment is required, and supervisors may be informed about necessary job accommodations, based on exam results.)
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| Arrest Record |
- Have you ever been arrested?
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- Have you ever been convicted of _____? (The crime named should be reasonably related to the performance of the job in question.)
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| Military |
- If you've been in the military, were you honorably discharged?
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- In what branch of the armed forces did you serve?
- What type of training or education did you receive in the military?
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