Illegal Questions

When you interview for a job, your prospective employer is supposed to ask questions. The focus of interview questions should be: What does the employer need to know to decide whether you can perform the functions of the job? When an employer strays from job related questions into areas that relate to protected characteristics, this could raise an inference of discrimination, depending on the circumstances.

1. I noticed your accent. Where were you born?
2. What is your native language? If re-phrased you can be asked if you know a language provided it is required for the job. For example, if job responsibilities include supporting Spanish-speaking customers, it’s fair to ask whether the you speak Spanish.
3. Are you married or do you have plans of getting married?
4. Do you have children?
5. Do you plan to get pregnant?
6. Are you a single parent?
7. How are old are you?
8. I noticed that you attended the same high school I did. When did you graduate?
9. Do you have a disability or chronic disease? If the job will require some specific physical tasks, such as installing cables in walls and ceilings, the interviewer may ask whether you can perform those tasks with reasonable accommodation.
10. Are you in the National Guard or are you a Reservist?
11. Do you smoke or use alcohol?
12. Have you ever been arrested?
13. Do you have any debts?
14. How much do you weigh?
15. What does your spouse think about your career?
16. Have you ever been sexually harassed?
17. Tell me about your family?
18. This job has always been handled by a (man) (woman). Do you think you can handle it?
19. Do you live with your parents or have a roommate?

On the other hand, some interviewees (job seekers) actually volunteer information that would be considered illegal to acquire through questions. They often do this when asked the ice-breaker question, "Tell me about yourself." They may start by saying they are 29 years old, happily married, two children, a church-going Catholic, and a liberal Democrat. There's not much more the interviewer can ask that's considered illegal!

Assuming you will not volunteer such information, you need to be prepared to handle questions that may be intrusive and sensitive in nature.

If asked an improper question, you have a few options:

• You are free to answer the question. However, keep in mind that if you provide this information, you may jeopardize your chances of getting hired, in the event you provide the “wrong” answer. There may be a legal recourse available to you, but this is not the preferred outcome for most job applicants.
• You can refuse to answer the question. Unfortunately, depending on how the refusal is phrased, you run the risk of appearing uncooperative or confrontational, and losing the job. Again, there may be legal recourse, but this is hardly an ideal situation.
• You can examine the question for its intent and respond with an answer as it might apply to the job. For example, if the interviewer asks, “Are you a U.S. citizen?” or “What country are you from?,” you have been asked an improper question. You could respond, however, with “I am authorized to work in the United States.” Similarly, if the interviewer asks, “Who is going to take care of your children when you have to travel for the job?” your answer could be, “I can meet the travel and work schedule that this job requires.”

It's better not to confront or debate the interviewer about the legality of a question. But if you have any uncertainty about the questions, you should be alert to any pattern of discrimination...especially if you notice several illegal questions. Try and remember the questions and speak to the employer’s HR director and get answers to what may have happened.