Walking into any job interview, you’re bound to receive a handful of questions that will help potential employers determine if you have the skills to become a valuable member of their team. It may feel like you have to answer every question in a job interview, but that’s not necessarily true. As a matter of fact, there are illegal questions that an employer is prohibited from asking you at all.
If an interview question delves into your personal life or has nothing to do with the job, the person interviewing you really shouldn’t be asking it. According to the Equal Employment Opportunities Commission, illegal interview questions are ones that relate to gender or sex, marital or family status, citizenship or nationality, religion, disability, age, or financial status. Not hiring someone for any of these factors is discriminatory, so it’s important to be educated if such a question is ever asked.
It’s all too easy to feel like the interviewer makes the rules during a job interview. However, this is completely false. Your employer has a set of guidelines they are expected to follow in the hiring process, which includes not asking you any interview questions that can be used as a discrimination tool. If you are ever made uncomfortable by an interview question, remember that you are not obligated to answer.
Here’s a list of 8 questions a potential employer should never ask during an interview:
1. Are you comfortable with managing a team of [opposite gender]?
If a question involving your gender seems at all discriminatory, you don’t have to answer it. These questions reference how an interviewer believes your gender could affect your ability to do a job, and might sound like this: “Are you capable of managing a team of men?” or “Are you capable of working late and alone with a female supervisor?” If such a question arises, your best course of action is to answer the question without mentioning gender at all. Remain confident and remind your interviewer that you’re positive you can perform the duties of the job regardless of your gender identity.
2. Are you planning on having a baby soon?
Interviewers can’t ask any questions pertaining to your marital or family status. If you’re asked such a question, your employer might be wondering how committed to the job you’ll be, and if you’re in it for the long haul. Keep in mind this is not only discriminatory of them, but also none of their business. If you choose to answer, it’s best to direct your answer towards the job itself. Talk about how you’re certain you can perform the job requirements at hand.
3. Are you a U.S. citizen?
Any question that would require you to answer where you were born is prohibited during a job interview. However, potential employers can and will typically ask if an applicant is authorized to work in the United States, even though this is more common in the phone screening or application process. Consider the intentions of your interviewer if a question like this is asked. Remember you are not obligated to share your birthplace, but you can assure your interviewer you’re authorized to work in the United States.
4. What holidays do you celebrate? / Do you go to church?
If you’re asked a question like this during an interview, they’re most likely wondering if you’re unable to work on certain days and times of the year. Now, employers are permitted to ask “Can you work on Sundays?” but this question should never relate to your religion. A good answer to consider would be “I’m extremely flexible and would work flexible hours if this position requires it.”
5. What’s your height / weight?
The Americans With Disabilities Act prohibits companies from discriminating against people with disabilities who are capable of performing the responsibilities of a job. Companies can’t ask your height, weight, or any details regarding physical or mental illnesses or limitations, unless they directly relate to the job description.
You may have seen or heard questions in the past like “Are you able to lift and carry equipment weighing up to 40 pounds?” or “Are you able to stand for long periods of time?” These questions are legal when they refer to the job requirements involved. If you still want to answer a question like this if asked, assure them you’re qualified of performing the expectations of the job.
6. How old are you?
If the job you’re applying for has an age requirement, like being a bartender, it’s legal to be asked this type of question. Otherwise, you are not obligated to answer a question that requires you to reveal how old you are. In this scenario, it’s best to revert back to your experience and strengths that would make you a great candidate in this role.
7. Are you or have you ever been in debt?
Unless you’re interviewing for certain financial positions, employers are prevented from asking you about your financial status or your credit history during a job interview. A good way to answer an illegal question like this would be “I’m confident this does not affect my capability of excelling in this role.”
8. What was your salary in your previous position?
Beware! In certain areas, employers are also restricted from asking you about the amount of money you made in your previous positions due to possible discrimination in pay equity. Most recently, New York City and Massachusetts have passed laws prohibiting any such questions during a job interview. If you live in an area where this is illegal and you don’t wish to disclose this information, consider looking up competitive salaries in your area for the position you’re applying for. In your answer, you can remind them that this is considered confidential information, but you can also explain your research and why you think you’re qualified and deserving of a certain compensation.
Unfortunately, you may receive illegal interview questions during a job interview because your interviewer isn’t aware it’s illegal. Even if this is true, it’s best to be educated on what to do if such questions arise. If you find yourself in such a situation in a future job interview, consider why the interviewer might be asking that question and support that in your answer. If a question makes you uncomfortable, you can always refuse to answer if it has nothing to do with the job description. If you do feel that you have been discriminated against by an employer during the hiring process and want to take action, you should file a charge of discrimination with the U.S. Equal Employment Opportunity Commission. You can find instructions for filing a charge on the U.S. Equal Employment Opportunity Commission’s website.
Note: This article was created for informational purposes only, and should not be taken as legal advice or instruction.
