Addressing Illegal Interview Questions

Conducting interviews for some individuals is not an easy task. I’ve come across recruiters and Human Resource (HR) professionals who also seem to slip in their questioning process when meeting with job candidates. If a company has a designated HR administrator, it is the appointed individual who leads the interviewing process from start to finish. They receive the resumes, screen them and then forward them to the hiring manager. The hiring manager does acknowledge all the resumes submitted while further screening those approved by HR. Candidates who qualify for an interview are notified to meet with HR and even the hiring manager.

Job candidates tend to focus more on the questions they will be asked during the interview. One aspect of interviewing that candidates overlook are questions that companies ask that are actually non-applicable and illegal to address. Candidates become so engrossed in their interview that they forget to draw an imaginary line that no hiring entity should cross by abusing the interviewee’s right(s).
Some examples of irrelevant and illegal questions are the following:

1. Age/Birth date: this should not be an issue unless the candidate is hired and he/she will submit formal paperwork for processing; also, very few jobs may have age restrictions (e.g. student programs, political positions with minimum age requirements, etc. Check with the U.S. Labor Department when in doubt). Otherwise, age is irrelevant to the hiring decision since candidates are being assessed for their experience, potential and career goals. It is okay to ask the candidate if he/she is over 18 because many states need verification for hiring adults due to the risks and demands of certain positions.
2. Religious Affiliation
3. Sexual Orientation
4. Gender (surprisingly there are people who cannot gauge gender well!)
5. Marital Status
6. Political affiliation/Political views
7. Nationality & Ethnicity
8. Whether a female is engaged/plans to get married
9. Whether a female is pregnant
10. (…etc….)

One should acknowledge these questions in professional screenings as unrelated and illegal in ‘context’ of positions that can be filled by men and women of all backgrounds. It is easy to be lured into answering such questions in response to subtle comments made by the interviewing party.

E.g. of such scenarios:

• Being complimented on having a beautiful name and being asked what is its origin?
• Being asked where the candidate was born due to his/her exotic looks?
• Complimenting jewelry such as a ring thus leading to be asked if its an engagement or wedding ring?
• Referencing any celebrations such as birthdays which invites your input
• Sharing company holidays that are honored and asking if there are any personal objections
• When asked “tell me a bit about you”, candidates easily fall into the trap of relaying a brief bio that naturally relays their family history- perhaps personal beliefs, lifestyle and more. It is best to address this question in context of how you are thankful for being granted an opportunity to be present for the interview. Stick to your academic specialization, overview of professional history and what lead you to consider this potential opportunity.

I recall reading academic study guides with the following advice: K.I.S.S., aka, “Keep it simple stupid”. So apply a similar philosophy when relaying your answers. If more information is required, you shall be asked by the interviewer. Is the latter insight carved in stone? Not every where. From experience and observation, 99% of the time these questions are administered without justification (even Equal Opportunity Employers (EOE) fall into this trap). Some employers intend to get away with such behavior when interviewing novice professionals and those who appear less knowledgeable regarding their labor rights.

Possible causes of this faulty interviewing process:

• A company has designated an employee to conduct interviews and he/she has no HR & Administrative background to acknowledge employee rights. They are following guidance to screen, to interview and to hire the most qualified individual. This person is working around treacherous blind spots if he/she is not trained properly to conduct interviews over a long span of time.
• The company’s HR is negligent in following through with state and national labor laws.
• The interviewer may intentionally ask those questions while knowing they are inappropriate.
• It is easier to extract information from new grads, young job candidates, and new comers to the market, etc. without offending the party due to their lack of HR education.

What to do if asked such questions that are impertinent to the hiring decision:

• Respectfully let the interviewer know that the question does not relate to the position that you are interviewing for e.g. “With all due respect, I do not see how this question pertains to the opportunity I am seeking” or “I believe this question is inappropriate in our meeting… (pause here so the brief silence alerts the interviewer to change course)”.
• It is easy to become offended because you are seeking a job opportunity not seeking validation for how you live your life. You are expecting to be judged for your skill sets, career goals and attributes that enable you to work this position to the best of your ability.
• If this interview was booked by a job agent or job agency, let the person(s) know which questions were not properly addressed and why. By job candidates voicing such concerns, such incidences can be documented for further review.

When in doubt, candidates can choose to pass an ambiguous question that makes them feel offended in any way. He/She can choose to revisit the question at the end of the interview or they can let the interviewer know why a particular question is not deserving of an answer. It is YOU who directs the course of these job interview(s) so exercise all the power you have to create positive results.

About the Author

Sana Shaikh is Founder and President of ShiningRiver Consulting. The consulting firm provides professional development services to businesses and individuals globally. The mission of ShiningRiver Consulting is to provide professional development services to global clients. We primarily serve business clients by providing management consulting, business writing services for business proposals and special projects, and marketing research. Our secondary services cater to individuals who are interested in personal advancement through seeking professional or academic coaching.