When you interview with an employer, you expect questions about your experience, skills, and why you’re the perfect person for the job. What you don’t expect is to be asked questions about your age, religion, or plans to start a family. Unfortunately, it sometimes happens due to an interviewer’s poor judgment, and at times because interviewers have not been properly trained.
Let’s shine a spotlight on several illegal (or inappropriate) interview questions, why they’re problematic, and how to gracefully steer the conversation back into professional territory.
1. How old are you? The Age Discrimination in Employment Act prohibits employers from discriminating against anyone who is age 40 or older.
How to respond? “I’m confident my experience and skills make me a strong candidate for this position. Are you looking for someone with a particular type of background?”
2. Do you have children? or Are you planning to have any children? Employers should not discriminate based on gender or family status.
How to respond? “I can assure you that I’m fully able to meet the requirements of the role and its schedule.”
3. What country are you from? or Where is your accent from? Discrimination based on national origin is prohibited by Title VII of the Civil Rights Act.
How to respond? “I’m authorized to work in the U.S. and excited about this opportunity.”
4. Are you married? This answer may lead to marital status or gender discrimination.
How to respond? “I prefer to keep my personal life separate, but I can tell you I’m committed to this role and company.”
5. Which religious holidays do you observe? This response may result in discrimination based on religion.
How to respond? “I’m available to work the schedule outlined. Can you tell me more about what the typical workweek looks like?”
6. Do you have any disabilities or medical conditions? This question violates the Americans with Disabilities Act (ADA).
How to respond? “I’m fully able to perform the essential functions of the job, with or without accommodations.”
7. Have you ever been arrested? Employers can only ask about convictions, not arrests.
How to respond? “I’d be happy to discuss anything that may be relevant to my ability to succeed in this role.”
8. What is your political affiliation? While not banned everywhere, this question may lead to discrimination claims.
How to respond? “I prefer to keep politics out of the workplace, and I focus more on being a team player and getting results.”
9. What’s your sexual orientation? Title VII and many state laws prohibit discrimination based on sexual orientation.
How to respond? “That’s not relevant to my work, but I’m glad to speak more about how I can contribute to your team’s goals.”
10. Did you take any sick leave or medical leave last year? The ADA prohibits employers from asking questions about any potential disability.
How to respond? “I am aware of the importance of attendance and reliability, and I make a conscious effort to be present and productive at work.”
While it’s unlikely every awkward question is meant to be discriminatory, you still have every right to protect your privacy and redirect the conversation. Think of it as an opportunity to keep the tone professional and focused on your value.
If you’re unsure whether a question crosses the line, remember this: If the question doesn’t directly relate to your ability to do the job, it probably doesn’t belong in the interview.
Shelley Maley, PHR, GCDF
Dreamcatcher Career Coaching, LLC
www.dreamcatchercareercoaching.com
(610) 663-0585
Communications Chairperson – Pennsylvania Career Development Association (PACDA)
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