subject: Advice For Responding To Inappropriate Interview Questions [print this page] During job interviews, most HR professionals are extremely aware of the guidelines set forth by the U.S. Equal Employment Opportunity Commission (EEOC). The Commission makes it clear what questions should never be asked of a job applicant because those questions can lead to job discrimination.
However, not all interviews are conducted by knowledgeable HR personnel. Your interviewer may be the head of a department or your potential supervisor; these folks may be unaware of inappropriate questions in a job interview. Some questions may just be friendly banter or icebreakers in a conversation. It's up to you to be alert to inappropriate questions that may affect your consideration for a position.
If you believe interviewers crossed the line, there are diplomatic ways to answer inappropriate questions. You can either explore why the interviewer asked that question, or you can answer by addressing what is truly relevant -- your qualifications and what you have to offer their company.
Questions a Job Interviewer Should Not and Cannot Ask -- So DON'T ANSWER
An interviewer can't ask what religion you practice or what holidays you observe. If you're asked anything regarding your religion, you might respond by asking why they want to know. It may be simply that the interviewer is concerned about your availability to work certain days of the week, which is legitimate.
You will be asked whether you are legally able to work in the country. However, it is illegal to ask a job candidate about their nationality. Nor can an interviewer ask how long you have lived in the U.S. or your native language.
You needn't answer questions about your age, except whether or not you are over the age of 18. Questions about long-term career goals are legitimate (although they may mask curiosity about your retirement plans).
An interviewer may ask about your availability to work overtime or how much you are willing to travel, perhaps on short notice. You can also be asked if you ever used a different name in academic or work situations. For example, women may have used maiden names elsewhere. Even though these questions are legitimate, inquiries about your marital and family status are not. In addition, you cannot be asked if you have children or plan to have kids.
Regarding military service, discrimination is illegal if it affects the employability of members of the National Guard or Reserves who may be called away to defend our country. However, the interviewer can inquire whether the job candidate anticipates leaving work for an extended time.
What about the issue of health and physical abilities or disabilities? In the interviewing process, a job candidate cannot be asked if they drink, smoke or take drugs. You can be asked if you use illegal drugs but not about "drugs" in general. You cannot be asked about your weight, height, disabilities, or past sicknesses or operations. Potential employers can ask if you need special accommodations physically to perform your job and whether you can meet the position's duties, if you can reach items on shelves at a specific height or lift a particular weight if that's important for the job. In the interview, you can also be asked how many days in the past year that you missed work.
Interviewers may ask if you can start work at a particular time of the day, but you should not be asked about the location of your residence (how far away you live). They may ask if you are willing to relocate.
Your Recourse If You Believe You Are a Victim of Job Discrimination
If you believe you are being disqualified for a job because of discrimination in any of the categories listed above, you can file a charge of discrimination with the EEOC. The EEOC's information page offers career advice telling you how to proceed. The EEOC also provides an in-depth look at what constitutes discriminatory employment practice under Title VII of the Civil Rights Act of 1964; the Age Discrimination in Employment Act (ADEA); and the Americans with Disabilities Act (ADA).
