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How To Respond To Illegal Job Interview Questions
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Bob Firestone
Bob Firestone knows the proven answers to tough job interview questions.

You can get his proven behavioral Interview Answers, right here.


 
By Bob Firestone
Published on 06/8/2008
 
In the United States, there are several questions that are ILLEGAL for employers to ask you. Your interviewer should know that certain questions are "off limits."

In the United States, there are several questions that are ILLEGAL for employers to ask you. Your interviewer should know that certain questions are "off limits."

1) Marital Status.

   
Questions such as "Are you married?", "Do you plan to have
children in the future?" and "How much money does your spouse make?" have nothing to do with the job, and could be viewed as discriminating against women. If you get asked this, try to look at the INTENT of the question and answer in relation to the job requirements. Such as, "There is nothing in my personal life that will hold be back from doing great work here and advancing within the company."

2) National Origin, Language & Race.


Questions such as "What is your race?", "What country are you
from?", "Were your parents born in the United States?" and "Is English your first language?" are totally inappropriate. However, for some jobs you may be required to speak two languages, and for some jobs you may need to be a US Citizen. The point is that discrimination is Illegal, so be wary of these types of questions.  

3) Age.


US Federal law prohibits discrimination against persons over
the age of 40. Therefore, employers can not ask applicants their age. If asked your age, give an answer about your job experience and track record.

4) Religion.


Interview questions such as "What is your religion?" or "Do
you go to church?" are prohibited, as they are not job related, and could be construed as discriminating against candidates of diverse religious beliefs. Questions such as "Does your religion prohibit your working on Saturdays?" or "Are there any holidays on which you cannot work?" are also illegal. Employers are required to make reasonable efforts to accommodate observance of religious beliefs.

5) Disabilities.

Under the Americans with Disabilities Act, employers are
prohibited from asking questions about an applicant's disabilities during the pre-employment process. Therefore, employers may not ask such questions as "Do you have any disabilities that would interfere with your ability to do the job?", "Have you ever filed a workman's compensation claim?" or "Will you need a reasonable accommodation to perform this job?" It is also legal to ask about a candidate's attendance record in previous jobs, as there may be many reasons other than disability for poor attendance.

6) Arrests or Criminal Record


Employers are not permitted to ask candidates "Have you ever
been arrested?" They may only ask you "Have you ever been convicted of a felony?" If you do have a felony conviction on your record, don't lie about it. Employers can easily find out about it with a public records search. If you think you will face this question, prepare carefully with a good answer, and follow up by changing the topic to your qualifications for the position.

7) Financial Condition.


Questions about your financial condition such as "Have you
ever declared bankruptcy?" or "Do you own or rent your home?" are not permissible. Employers may, however, check your credit score, but only with your written permission. In addition, if an employer rejects and applicant based on a credit report, it must inform the applicant of this determination and provide certain details about the information obtained.

8) Personal Questions.

Personal questions that are totally unrelated to job requirements should always be avoided. Even if there is no discriminatory intent behind these inquiries, questions such as "Do you have an active social life?", "Do you belong to any groups, clubs or societies?" may be seen as relating to sex, religion,
ethnicity or other improper criteria.

SO WHAT IS THE BEST RESPONSE?

Your response depends on your perceived motivation of the interviewer as well as your desire to have the position. Your best bet is to try and keep the interview focused on the qualifications of the position and your qualifications as a candidate.

Overall you have three basic options:

1) Answer truthfully if you feel your response will not hurt you.

2) Inform the interviewer that the question is illegal and risk offending them and ending your chances for the position.

3) Base your answer on the requirements of the job and your ability to perform it.

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Here are a few examples of casually asked illegal questions and suggested responses:

Q: Does your family mind the travel required for this position?

A: "I am accustomed to significant business travel. In fact, I find being on the road invigorating, and my track record has been very consistent under these conditions."

Q: Are you religious? Will your religion prevent you from working extra hours or on weekends when we have a big project?

A: "I suppose everyone is religious in their own way. I do not foresee any circumstances that would interfere with the quality or commitment of my performance."

Q: You have a very unusual last name. What is its origin?

A: "It really is a mouthful, isn't it? I've always used my first name and last initial in my business e-mail address, as it is easier."

Q: Are you planning a family in the near future?

A: "Currently, I am focused on my career and although having a family is always a possibility, it is not a priority at the moment."

Q: How many more years do you see yourself in the work force (before retiring)?

A: "In today's world people don't retire like they used to; some can't. My career and my need to earn an income are priorities that I do not foresee changing in the near future."

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Blatant discrimination does take place. If it does and you are
offended, you have the right to end the interview immediately ("I don't think we're a good match. Thank you for your time.") -- you never wanted to work there in the first place!


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