Handling
Illegal Interview Questions
From Rochelle Kaplan, Legal Counsel, National Association for
Colleges & Employers
Various federal, state, and local laws regulate the questions a
prospective employer can ask you as a job candidate.
An employer's questions--whether on job applications, in the interview,
or during the testing process--must be related to the job you're
seeking. For the employer, the focus must be: "What do I need
to know to decide whether this person can perform the functions
of this job?"
If you are asked an illegal question, you have three options:
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You can answer the question--you're free
to do so, if you wish. |
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However, if you choose to answer an illegal question,
remember that you are giving information that is not related
to the job; in fact, you might be giving the "wrong"
answer which could harm your chances of getting the job. |
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You can refuse to answer the question
which is well within your rights. |
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Unfortunately, depending on how you phrase your
refusal, you run the risk of appearing uncooperative or confrontational--hardly
words an employer would use to describe the "ideal"
candidate. |
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You can examine the question for its intent
and respond with an answer as it might apply to the job. |
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For example, if the interviewer asks, "Are
you a US citizen?" or "What country are you from?"
you've been asked an illegal question. You could respond,
however, with "I am authorized to work in the United
States."
Similarly, let's say the employer asks, "Who is going
to take care of your children when you have to travel for
the job?" You might answer, "I can meet the travel
and work schedule that this job requires."
Remember that during an interview you are on your "best"
behavior, and one hopes the employer is, as well. If this
is "best" for the employer, what behavior will you
see when it's an ordinary day in the office? |
Individuals with disabilities who require accommodations may review Policies
& Procedures.
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