I am sure a large portion of the readership of WNYJOBS.com at some point in their Job Search life has asked the question “Was that legal?” or its related statement “I can’t believe they asked me that!” Many Job Seekers with experience can swap “war stories” of interviews that were odd in nature and made them feel uncomfortable.
Why would someone ask a question that may be illegal?
• The interviewer may be untrained in what questions may be asked to a Job Seeker. In smaller companies, Human Resources may not exist in order to train staff on interview basics. Even larger companies are vulnerable, especially to newer Managers who may not have received company-sponsored training on the subject.
• The Interviewer may feel that they are invulnerable to a lawsuit, especially in a smaller company where the owner is doing the interviewing. Some people just truly believe that they will win any court fight or confrontation on the issue. The single-mindedness and confidence that makes some people so successful can make them vulnerable in this area.
• The Interviewer does not believe someone will challenge them. This holds true especially if they sense someone really needs the job and will not make an issue of any questions asked. When you read the list of frequently asked illegal questions, many of them stereotypically relate to female candidates. The reality of business is that in many companies the hiring decision makers are male who may wrongly feel that they can intimidate someone into answering these questions.
What should you do if you are asked a potentially illegal question?
The decision made regarding how to react to a question of this nature really depends on the individual and their particular situation. Let’s review some possible alternatives for a Job Seeker who is asked a question they are uncomfortable with answering.
• You can answer the question as asked. This is the non-confrontational reaction for a Job Seeker. Someone who needs to gain employment immediately will be very tempted to cooperate so they do not jeopardize their chances of employment. Keep in mind that an organization that would ask a potentially illegal question in an interview is probably not a company someone would like to work for unless they are in a state of desperation.
• You can follow-up the question by asking the Interviewer why the question is relevant to the job. The Interviewer may choose to drop the question based on the professional follow-up performed by you.
• You may redirect the questioning to what you would like to discuss. For example, a question regarding age may be responded by answering, “The right age to be successful in this job”.
• You can end the interview based on the question.
What types of questions may be illegal?
Keep in mind that the following list is simply some examples of potentially illegal questions. Oftentimes, the context of when and how the questions are asked plays a key role regarding the true legality of a question.
• What is your age? Another age-related question is “When Did You Graduate High School or College?” This question can be deemed as an attempt to determine someone’s age by using his/her graduation date. An exception is when age is being asked to meet an age requirement that may be determined by a government agency such as the Department of Labor in the employment of minors.
• Personal life questions such as “What is your marital status?”, or “How many kids do you have or plan to have?”. An example of when it may be okay to ask a related marital status is when a company has a policy regarding reporting relationships and prohibits a spouse reporting into another. You can also ask work-related questions regarding someone’s ability to work overtime or travel without relating it directly to children.
• Questions related to someone’s national origin are generally off-limits. Questions such as “What is your nationality?” or “What is your native language?” A Job Seeker can be asked if they are legally able to work in the United States. An interviewer can ask regarding what languages someone can speak or write fluently, especially for positions where bi-lingual is desired or required.
• Interviewers walk a tightrope when asking a question reflecting someone’s mental or physical disability. This question should not be directly asked to a Job Seeker, but rather a candidate may be asked to review the requirements and respond whether they can perform with or without accommodations. An organization would then have to review whether an accommodation is required and reasonable.
A Job Seeker should be prepared for some degree of small talk especially in terms to an opening “ice breaker” in an attempt to relax you and build a quick relationship. The conversation should not be directed in a way that will inquire regarding a protected area.
Don’t forget, however, that an Interviewer can ask you questions regarding your qualifications for the position and job related skills.
As always, best of luck in your job search.
The following has been prepared for the general information of RochesterJobs readers. It is not meant to provide advice with respect to any specific legal or policy matter and should not be acted upon without verification by the reader.
Joe Stein
WNY Human Resources Professional
Feel free to contact Joe Stein regarding questions or comments at:
Joe Stein
