Spotting Illegal Interview Questions

If you are lucky, the next time you interview for a job you will get a HR recruiter who knows better than to ask the illegal questions. But, for whatever reasons, there are a few times when you will find yourself face-to-face with an interviewer who either disobeys the laws, don't know the laws, or tries to go around them. If you are better equipped, not only will you be able to spot them, but also avoid answering them.

It is common knowledge that employers can not discriminate based on age, race, national origin, parental status, marital status, sexual orientation, or disabilities. Yet, there are still hiring managers who follow their own agenda and not one that conforms to the law. They are much savvier at times and will try to sneak one by you. It is your job to steer clear of these questions.

Where is your hometown? This is a tricky one and can be disguised as just friendly small talk, especially after a few minutes of great rapport between you and the interviewer. In actuality, this question can give the interviewer insight into your national origin. Asking if you are a U.S. citizen and Visa status is also illegal. Question that is permitted: Are you authorized to work in U.S.?

What is your native language? This is more obvious than the last question, but can also be disguised by the interviewer giving a compliment before or after the question. For example, "You have a beautiful accent, what is your native language?" Once again it gives insight into your natural origin. Question that is permitted: Do you know any other languages?

Are you married? Discrimination based on marital status is illegal and should be avoided by you. Question that is permitted: There aren't any questions about your family or marital status that is permitted as they do not pertain to the position that you are interviewing for.

Do you have small children? This question usually is geared towards women. Believe it or not, in this day and age, there are some employers who still discriminate against women with small children. Although, it can be asked in a friendly way or accompanied by the interviewer talking about their own children first, be weary of this question. Discrimination based on parental status isn't permitted. Question that is permitted: If you are interviewing for a position that deals with children, then a question that asks your experience with children of a certain age group is acceptable.

Are you now or do you plan to get pregnant? Again, this is a discrimination that lots of women face in the workplace, and this question is off limits. Some employers are weary of employees taking an extended leave of absence in the near future. They are trying to gauge whether this will be a problem with potential employees. Question that is permitted: Do you have any upcoming trips or events? Employees can ask these types of question to see is you will be requiring time off, but not a question about a possible or current pregnancy.

What is your age? Believe it or not, even with current issues with age discrimination being brought into the foreground, some may still ask this question. Sometimes it may not be as obvious as just asking your age. Other questions give the interviewer information about your age, such as; "What year did you graduate high school?" or "When did you finish college?" These questions are a big no-no and you aren't required to answer. Questions that are permitted: Interviewers are allowed to ask if you finished college or high school, just not when.

Is Yom Kippur a holiday you observe? This falls in the category of discrimination based on religion. Other questions about Good Friday, Ramadan, or Solstice are included in this type of discrimination. Question that is permitted: "Can you work on holidays or weekends?"

Do you currently have a chronic illness or disability? Discriminating against someone's disability isn't legal, so these types of questions aren't allowed. It is tricky because employers need to know that you are able to perform the specific duties of the job. Question that is permitted: Can you physically perform the duties required by the job description?

Are you currently serving in the National Guard or Reserves? Once again, this is a question to discern if leaves of absence will be a problem. It is a valid concern with employers, but it is illegal to not hire someone because they are a member of the National Guard. Question that is permitted: It is always wise to be honest with an employer about an upcoming event that will require you to be off of work while talking over the details of the job offer.

Do you use alcohol or tobacco products? Discriminating against the use of legal products during someone's own personal time and off company property is illegal. Questions that are permitted: "Have you ever been disciplined for using alcohol or tobacco products at work and against company's policy?" or "Do you use any type illegal drugs?"

In general, you probably won't face these questions. But, in the off chance that you do, you have the right to refuse to answer them. If the interviewer gets offended by your refusal, immediately stop the interview and request to speak to a supervisor. You can stop discrimination against you.