Illegal interview questions solicit information out of potential job candidates that could be used to discriminate against them. Read on to learn which questions are illegal to ask during an interview, and what to do if you are asked an illegal interview question.
How can inappropriate questions lead to discrimination within an interview?
Under the laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC), it is illegal to discriminate against someone (applicant or employee) because of that person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
Certain questions are considered inappropriate or illegal because they can lead an interviewer to purposefully or inadvertently discriminate against you as a candidate. For example, if you answer yes when asked if you are married or have children, an interviewer might jump to the conclusion that you would be less willing to travel for a job, even if it’s not true.
What are the most common inappropriate questions for an interviewer to ask regarding race?
Any questions that require a potential candidate to reveal their race or ethnic background, whether indirectly or directly, can cause room for discrimination. For example:
- What is your race?
- What is your complexion?
What are the most common discriminatory interview questions related to gender & sex?
Any questions that require a potential candidate to reveal their gender or sexual preference, whether indirectly or directly, can cause room for discrimination. For example:
- Do you wish to be addressed as Mr., Mrs., Miss or Ms.?
- What is your spouse’s name?
- What is your sexual orientation?
- What is your spouse’s gender?
- Whom do you live with?
- Do you identify yourself as a man or a woman?
What are the most common inappropriate questions related to religion that are asked in interviews?
Any questions that require a potential candidate to reveal their religious affliation, whether indirectly or directly, can cause room for discrimination. For example:
- What religious holidays do you observe?
- What church do you attend?
- Also, employers should not ask for references from religious leaders (for example, minister, rabbi, priest, imam or pastor)
What are the most common inappropriate questions related to age that are asked in interviews?
Any questions that require a potential candidate to reveal their age, whether indirectly or directly, can cause room for discrimination. For example:
- How old are you?
- What is your birthday?
- When did you graduate from high school or college?
- Requests for a birth certificate (illegal before employment)
What questions should not be asked in an interview related to marital status?
Questions about marital status are very similar to those related to gender or sex. Any questions that require a potential candidate to reveal their martial status, whether indirectly or directly, can cause room for discrimination. For example:
- What is your marital status?
- What does your husband/wife do?
- Do you plan to have a family?
- How many kids do you have?
- How old are your children?
- What are your child care arrangements?
What are the most common inappropriate questions related to politics that are asked in interviews?
Although currently there are no federal laws that prohibit private employers from asking political affiliation questions, you can always choose not to answer if you are uncomfortable with being asked about your political affiliation or anything related to your personal political beliefs.
What do you do when you are asked an illegal interview question?
When asked an illegal interview question, the choice in how you respond is entirely up to you. You could answer the question briefly and move on to another subject to avoid more unwanted questions, or you could ignore the question altogether and redirect the conversation to a different topic. If the question is blatant and offensive, as an interviewee you have every right to end the interview and leave.
Conclusion
If you are a job seeker navigating the interview process, it’s important to be aware of the questions that employers can ask, and ones that they should never bring up during an interview. If an illegal interview question is asked that makes you uncomfortable or you prefer not to answer, it is entirely reasonable to either change the topic of conversation or simply state that you prefer not to answer.
If a question is blatantly discriminatory or you are pushed to answer an illegal question, consider ending the interview. Working for a company that has no regard for the privacy of their potential employees is not a place that would foster a workplace of inclusion.
Don’t waste your time applying to positions with companies that have no interest in fostering a workplace of inclusion, and who could potentially ask illegal interview questions during the interview process. With this in mind, check out our diversity job board, which consists of more than 30,000 career opportunities for diverse job seekers in a wide range of industries. Companies include Hertz, CVS Health, Campbell’s, and more, who are seeking to offer exciting careers to diverse talent. Learn more and register for our Hirepurpose® diversity job board to receive job alerts.
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