Handling Illegal Interview Questions

Though you will never encounter this with MetaTech, you may at sometime in your professional life find yourself in an already stressful interview – and all of the sudden be approached with an illegal question. While the interviewer probably doesn’t realize that their question is illegal, writer Todd Anten has offered a few suggestions on how to diffuse this situation.

From Anten’s list I’ve taken a few situations that are illegal. Out of curiosity sake, has anyone ever encountered anything like this?

An Age-Old Question
Recent reports say that workers are planning to hold jobs well into their senior years. Many even plan to hold off retirement until their 70s or 80s in order to continue bringing in paychecks.

Unfortunately, this has resulted in an increase in complaints from older workers of age discrimination in the workplace, according to the Equal Employment Opportunity Commission (EEOC).

The good news is that interviewers are not allowed to ask you your age during an interview. With some rare exceptions, the only age- related question they can ask is if you're over the age of 18.

One thing to keep in mind: The EEOC's Age Discrimination in Employment Act of 1967 only protects workers who are 40 years old and older from age discrimination and in workplaces with 20 or more employees. However, some local governments have laws that also enforce age discrimination rules for younger applicants and smaller workplaces.

Married ... With Children?
Women make up nearly half of the U.S. workforce, according to the Department of Labor. And as their numbers grow, so do the potential pitfalls they may face during an interview, especially when asked about marriage, children and pregnancy.

While illegal interview questions surrounding relationships, marriage and children are generally more problematic for female job candidates, protection from discrimination applies equally to male candidates.

Basically, you should be suspicious if you are asked any questions about your marital status, your family status, your future plans for children or your child care accommodations.

So what can employers ask? Questions that deal directly with the job requirements (e.g., "Are you willing to relocate?").

Yes, many proud parents enjoy telling stories about their children, and there may be a temptation to trade toddler stories with a friendly interviewer who has a family picture on his or her desk. But to avoid potential problems, err on the side of silence.

A Race for a Job
A recruiter friend of mine told me a story of how she accidentally asked someone an illegal interview question.

"Oh, you have such an interesting name! What does it mean?" she asked a candidate with a beautiful name that was obviously of non-English origin.

Fortunately, my colleague caught herself and told the candidate that she didn't have to answer the question. But it does show how subtly the issues of race, ethnicity and religion might sneak into an interview.

For instance, according to Nolo.com, interviewers are not allowed to ask if you are a U.S. citizen or ask where you were born. However, they can ask if you are legally authorized to work in the United States on a full-time basis.

So if you are asked about your race, color, religion or national origin, be aware -- Title VII of the Civil Rights Act of 1964 prohibits employers from making employment decisions based on such factors.