What's the Right Answer?
Illegal Questions Regarding Interviewing
As you conduct your job search, you may encounter job applications
containing questions that may be considered illegal or unnecessary in determining your
competency or qualifications for the position you are applying for. Similar questions
might arise during job interviews. As a job seeker, you need to be aware of your rights
and carefully weigh your answers to such questions, if you choose to answer them at all.
Following are options for answering such questions:
You are free to answer the question - but if this option is your
choice, realize that you are giving information that is not job related. And, you could
harm your candidacy by giving the "wrong" answer.
You can refuse to answer the question. By selecting this option,
you will be within your rights, but you are also running the risk of coming off as
uncooperative or confrontational - hardly the words an employer would use to describe the
"ideal" candidate.
Another option is to examine the intent behind the question and
respond with an answer as it might apply to the job. For example, the interviewer asks,
"Are you a U.S. citizen?" or, "What country are you from?" You have
just been asked an illegal question. However, you could answer "I am authorized to
work in the United States." Or, if your interviewer asks, "Who is going to take
care of your children when you have to travel?" You might answer, "I can meet
the travel and work schedule that this job requires."
Following are some examples of illegal questions and their legal
counterparts:
| INQUIRY
AREA |
ILLEGAL
QUESTIONS |
LEGAL
QUESTIONS |
National
Origin/
Citizenship |
Are you a
U.S. Citizen? Where were you/your parents
born?
What is your native tongue? |
Are you
authorized to work in the United States? What
languages do you read, speak, or write fluently? (This question is
okay, as long as this ability is relevant to the performance of the
job.) |
| Age |
How old are
you? When is your birthdate?
When did you graduate from high school? |
Are you over
the age of 18? |
| Marital/Family Status
|
What's your marital status? With whom do you
live?
Do you plan to have a family? When?
How many kids do you have?
What are your child care arrangements? |
Would you be willing to relocate if necessary? Travel
is an important part of the job. Would you be able and willing to travel as needed by the
job? (This question is okay, as long as all applicants for the job are asked it.)
This job requires overtime occasionally. Would you be willing and able to work overtime
as necessary? (Again, as long as all applicants for the job are asked it.) |
| Affiliations |
What clubs or social organizations do you belong
to? |
List any professional or trade groups or other
organizations that you belong to that you consider relevant to your ability to perform
this job. |
| Personal |
How tall are you? How much do you weigh? |
Are you able to lift a 50-pound weight and carry
it 100 yards, as this is part of the job? (Questions about height and weight are not
acceptable unless minimum standards are essential to the safe performance of the job.) |
| Disabilities |
Do you have any disabilities? Please complete
the following medical history.
Have you had any recent or past illnesses or operations? If yes, list and give
dates.
What was the date of your last physical exam?
How's your family health?
When did you lose your eyesight? How?
Do you need an accomodation to perform the job? (Can be asked only after a job offer is
made) |
Based on the job description, are you able to
perform the essential functions of this job? Can you demonstrate how you would perform
the following job-related functions?
Are you willing to complete a medical exam after we've made you a job offer? (The
results of the exam must be kept strictly confidential, except medical/safety personnel
may be informed if emergency medical treatment is required, and supervisors/managers may
be informed about necessary accommodations to the job, based on the results of the exam.)
Do you understand that any offer of employment is conditional based on the results of a
medical exam? |
| Arrest Record |
Have you ever been arrested? |
Have you ever been convicted of _______?
(The crime named should be reasonably related to the performance of the job in question.) |
| Military |
If you've been 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? |
Social Security Number
You are not required to disclose your social security number to an
employer before being hired. If a job application requests your social security number, it
should also include a statement that disclosure is optional.
Credit History
Unless it is job related, you should not be asked about your financial
status or your credit history.
Other
Many employers request that each applicant fill out a form about race,
sex, age, and other areas. These forms provide employers with statistical information
required by the federal government. Completion of such forms should be optional and they
should be returned to employers separately from applications. They should not contain any
information that would identify you as the respondent; they should be completely
anonymous, not simply confidential.
Many applications include statements authorizing the employers to conduct
various types of investigations into your background. Applications often contain waivers
of liability stating that you will not take action against anyone giving employers
information about you. Despite this waiver, if someone knowingly gives an employer false
information about you that adversely affects your chances of employment, you can take
legal action.
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