How to Answer Illegal Interview Questions

During every interview process, there is the possibility of an illegal interview question being asked. For some, the interviewer merely worded the question incorrectly. For others, the interviewer is digging for the wrong kind of information. It is important to be able to recognize and respond to illegal interview questions as you search for your new job.

The tricky part about illegal interview questions is that answering them, as well as not answering them, may hurt your chances at being hired. If you answer the illegal question directly, you run the risk of giving the "wrong" answer. If you choose not to answer the question, which is within your rights, it may make you look bad in the eyes of the employer. But, you still have the option of answering the question that SHOULD have been asked. Find out a couple of ways to answer the real question behind the question in a very legal way.

Areas of Inquiry

Age

No employer can ask you what age you are, except for asking if you are over the age of 18. They cannot ask you how old you are, when your birth date is, or when you graduated...from preschool, high school, or college.

Instead of focusing on your age, let them know your qualifications. Yes, you did graduate from The University of Anywhere with a Bachelor of Arts in Business Anything.

Marital/Family Status

These questions are exceptionally tricky for women. Most employers assume that the woman will be the one that focuses on the family. For that reason, they are hesitant to hire a person that will not "put the company first."

To find out your level of commitment, they may try to ask if you are married or if you have a family. They may also ask how many kids you have and what type of child care arrangements you will make if you get the job. All of these questions are illegal.

Instead, they should ask if you are willing to relocate if necessary. Also, if they ask all applicants, they can ask if you are able and willing to travel or work over time. Regardless of how they ask the question, keep your answer based on the job. While these questions are being asked for the sake of the employer, you can also use them to gauge of the position is right for you.

Disabilities

An employer cannot ask you any questions about your medical history or possible disabilities. What they can ask, instead, is if you are able to fulfill the basic functions of the position. They may also ask if you would require any accommodations to perform said basic functions. If the position requires a medical exam, an employer must disclose that information, as well as ask if you would be willing to consent, during the job interview.

Personal & Affiliations

Personal questions are off limits. An employer cannot ask how tall you are, how much you weigh, or if that is your real hair color. As much as they might want to know the answer is does not pertain to the job.

Military & Arrest Records

Many employers want to know the personal history of their potential employees during an interview for a job. However, they may not ask you if you have been arrested or discharged from the military. In lieu of these questions, they can ask (and you may answer as such) if you have ever been convicted of (fill in the blank), as long as the crime is semi-related to the performance of the potential job. Employers may also ask if you received any sort of education or training while in the military, as well as what branch of the military you served.

The reason behind dubbing some questions as "illegal" and some as "legal" is because of the intent behind the question. Does the employer want to ask you the question during the interview as a way to judge you or as a way to judge how you would fill the job? Given the answer to said questions will determine the legality. As long as you can differentiate between the two types, you will have no problem handling illegal interview questions with poise and grace, and in a legal manner.