How to Handle Illegal Interview Questions

Certain interview questions are illegal in the US, but that doesn’t always stop them from being asked. Do you know how to deal with them?

Sadly, due to the Federal government's cutbacks, many agencies that enforced anti-discrimination laws and investigated subsequent violations have been hobbled. Therefore, understanding your rights and making informed choices is more important than ever. If a company asks inappropriate questions during the interview, it may indicate deeper issues within the organization.

What are illegal questions?

Illegal interview questions usually refer to any protected status, which includes race, ethnicity, religion, age, sex, country of origin or citizenship, disability, or pregnancy. In some states, such as Colorado, questions regarding sexual orientation are illegal. Similarly, questions about marital status or the candidate's number of children are illegal.

Major acts and laws that protect workers in the US

We have some heavy hitters that protect workers on a national basis. Don’t forget to check the regulations for your state. For example, Colorado and California have state-level protections beyond the federal level.

Title VII of the Civil Rights Act of 1964

https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964

Title VII of the Civil Rights Act is a cornerstone of employment law, establishing key worker protections. Regarding hiring, it prohibits employers from asking interview questions that discriminate based on gender, race, age, national origin, religion, or other characteristics unrelated to the job.

It also protects against discrimination based on marital and family status, including whether you have children or plan to. Pregnancy is included under this protection, with additional rights provided by the Pregnant Workers Fairness Act (PWFA).

https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act

Illegal:

• What race are you?
• Are you a member of a minority group?
• What is your nationality?
• Where were you born?
• Where are your parents from?
• That’s an unusual accent you have – where exactly are you from?
• Which religious holidays do you observe?
• What does your spouse do for work?
• Are you pregnant or planning to have any more children?
• How many kids do you have?
• How old are your children?

Legal variations:

• Are you authorized to work in the United States?
• What languages do you speak and write fluently?
• Are you available to work on all our scheduled days?
• Do you have any obligations that might interfere with your work schedule?

Age Discrimination in Employment Act (ADEA)

https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967)

Passed in 1967, the Age Discrimination in Employment Act (ADEA) protects people ages 40 to 69 from being treated unfairly at work because of their age. This includes things like being passed over for a job, let go, or denied opportunities based solely on age.

Illegal:

• When did you graduate high school?
• I noticed that you are older than me. How do you feel about working for a boss who is younger than you?

Legal to ask:

• Are you over 18 years of age?

Americans with Disabilities Act (ADA)

https://www.ada.gov/)

The Americans with Disabilities Act (ADA) helps ensure that people with disabilities are treated fairly at work. It prevents employers from asking about your physical or mental health during a job interview or on a job application. Specifically, this law has enabled workers with disabilities ranging from visual impairments and mobility issues (you know, in a wheelchair) to cancer survivors and people with diabetes (to name a few) to have equal access to employment.

Illegal:

• Do you have any disabilities or medical conditions?
• Have you ever been injured on the job?
• We have pretty good health insurance here, but that’s because we are all in good shape. Do you have any medical issues that may raise our insurance premiums?

 Legal to ask:

• This position requires you to carry 50 pounds for 100 yards. Can you perform the duties of the job you’re applying for? (NOTE: The job description must list the physical requirements.)

Handling illegal questions

While it might be tempting to respond with, “Hey! That’s an illegal question—you can’t ask me that,” it’s usually not the most effective approach. A better tactic is to address the concern behind the question. For example, if someone brings up child care, you might say you're available to work the required hours.

Whenever possible, steer the conversation back to your qualifications, experience, accomplishments, and skills. Preparing a few stories that connect to the role can help refocus the interview on what matters.

 You also have the option to answer the question directly. Just keep in mind that your response may influence how the company views your candidacy.

Hey! They asked me all this stuff during the application…

Yes, you were probably asked to fill out forms about your race, gender, or disability status. That’s because employers are often required to collect this information for the Equal Employment Opportunity Commission (EEOC) to show they comply with anti-discrimination regulations. This information is maintained separately from your application and is not considered during individual hiring decisions.

 If you’re uncomfortable sharing that information, you can decline to complete the form. It won’t hurt your chances of getting the job.

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