Illegal Interview Questions

"The law relating to what may and may not be asked during an interview is simple. Questions may not be asked for the purpose of discriminating on the basis of race, color, religion, sex, national origin, birthplace, age, or physical disability."
(H. ANTHONY MEDLEY)

Notice the squishiness of the law.  Questions may not be asked for the purpose of discriminating.  That's a lot of wiggle-room.

However, either intentionally, or out of ignorance, this rule is often violated. Most illegal questions are asked not out of an attempt to bypass the law, but rather out of ignorance or simply out of a desire to get to know you better. Many employers feel that they have a legitimate need to know some information, such as whether you are planning on becoming pregnant in the near future, or whether childcare is likely to become a problem.

The difficult question then becomes how you are going to handle the question presented to you. Basically, you have 3 options, your choice being determined by the issues at hand:

  1. Answer the question and risk revealing information which could result in the loss of an offer.
  2. Refuse to answer the question and appear uncooperative and confrontational, depending on how you word your refusal. "I'm not certain about the relevance of my church affiliation to the position." You should use this option only if the question makes you extremely uncomfortable.
  3. You can examine the question for its intent, and provide an appropriate answer. For example, if the employer asks you if your husband would mind your working weekends when you have not indicated that you are married, you can simply respond that you can work the hours that the job requires, without making reference to your marital status. Sometimes this is easier to do than others.

 

Prohibited Questions:   Permissible Questions:
National origin or descent:
"That's an unusual name. Where is it from?"
   "What is your name?"
"Have you ever worked under a different name?"
     
Citizenship:    
"Are you a U.S. citizen?"   "Are you authorized to work in the U.S.?"
     
Age:    
"How old are you?"
"What is your date of birth?"
"When did you graduate?"		   "Can you meet the minimum age requirements as set by law?"
"Are you over the age of 18?"
     
Marital/family status:
"Are you married? Engaged? Divorced?"
"With whom do you live?"
"Do you plan to have a family? When?"
"Do you have children?"
"What are your childcare arrangements?"		   "Would you be willing to relocate?"
"Would you be willing to travel as needed for the job?" (This question is okay if it is asked of all applicants for the job.)
"Would you be willing to work overtime as necessary?" (This question is okay assuming it is asked of all applicants for the job.)
     
Personal:    
How tall are you?"
"What is your weight?"
(Questions about height and weight are not acceptable unless minimum standards are essential for the safe performance of the job.)		   "Are you able to lift a 50-pound weight and carry it 100 yards, as that is part of the job?
     
Disabilities or Medical Conditions:
"Do you have any disabilities?"
""Please complete the following medical history."
"Have you ever been hospitalized? If so, for what condition?"
"Have you had a major illness in the last 5 years?"
"How many days were you absent from work because of illness last year?"
"When did you lose your eyesight? How?"
"Have you ever been treated for a mental condition?"
"Have you ever been treated by a psychiatrist or psychologist? If so, for what condition?"
"Are you taking any prescribed drugs?"
"Have you ever been treated for drug addiction or alcoholism?"
   "Are you able to perform the essential functions of this job?" (The interviewer must have already thoroughly described the job.)
"Can you demonstrate how you would perform the following job-related functions?"
"As a part of the hiring process, after a job offer has been made, you will be required to undergo a medical exam." (Exam results must be kept strictly confidential, except medical/safety personnel may be informed if emergency medical treatment is required, and supervisors may be informed about necessary job accommodations, based on exam results.)
(Pre-employment questions about illness may not be asked because they may reveal the existence of a disability. However, an employer may provide information on its attendance requirements and ask if an applicant will be able to meet these requirements.)
     
Affiliations:    
"What organizations or groups do you belong to?"   "Are there any professional trade groups or other organizations that you consider relevant to your ability to perform this job?"
     
Arrest Record:    
"Have you ever been arrested?"   "Have you ever been convicted of the following crime?" (The crime named should be reasonably related to the performance of the job in question.)
     
Military:    
"If you were in the military, were you honorably discharged?"   "In what branch of the Armed Forces did you serve?"
"What type of training or education did you receive in the military?"

For more information on this topic, please refer to the following web sources:

Update on Legal and Illegal Interview Questions
Advice on Answering Illegal Interview Questions
How to Handle Illegal Interview Questions
Career City Interviewing - Illegal Interview Questions