Improper interview questions are those that do not pertain to the nature of the job or to the applicant’s ability to perform that job, or those which are not asked of every candidate. They are illegal when the information is used in a discriminatory manner to make a hiring decision. Federal, state, and sometimes even local laws exist which prohibit employment discrimination based on race, religion, national origin, sex, citizenship, and disabilities. The following are examples of some of the specific areas that employers cannot ask or inquire about during an interview:
•Race: Any question related to complexion, color of skin, or other inquiries directly or indirectly indicating race or color
•Religion: Any question related to religion or religious preferences or affiliations
•National Origin/Citizenship: Questions related to your nationality, lineage, ancestry, national origin, birthplace, descent or parentage
•Disabilities: General inquiries about disabilities or health conditions that do not relate to job performance
•Arrest Record: Employers cannot ask you if you have ever been arrested but they can ask you if you have ever been convicted of a crime that is reasonably related to the performance of the job
•Family Obligations: Questions regarding marital status, family plans, children, elder care
Unfortunately, there are no easy answers to improper and illegal interview questions. Should you be asked a question on one of the above topics, you may tell the employer that you are uncomfortable answering because it may reveal your membership in a protected group. If you prefer a less direct approach, you might instead try one of the following strategies: answer in brief and move on to a new topic area, or ignore the question altogether and redirect the discussion to a new topic area.