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Handling Illegal Interview Questions

By MedHunters Staff

Handling Illegal Interview Questions

By Heidi M. Allison, Managing Director, Allison & Taylor

Jan, 48, is sitting in an interview, which has been going well. She’s confident that her qualifications match those of the position, and she believes she’ll fit into the corporate culture. As the interview is winding down, the interviewer casually asks: “Will your family mind the relocation from New York to Texas?”

How should Jan answer this question?

There are several questions that employers may not legally ask applicants. Federal law attempts to ensure that candidates are hired on job qualifications and not by prejudicial criteria. Questions structured to obtain information on race, gender, religion, marital status, age, physical and/or mental status, ethnic background, country of origin, sexual preference, or any other discriminatory factor are generally illegal as grounds for making employment decisions.

With few exceptions, these factors contribute nothing to your ability to perform a job, and an employer must substantiate those cases where a direct relationship is thought to exist.

Anything that is not a bona fide occupational qualification may not be covered directly, although the interviewer may seek the information indirectly.

So, how do you handle an illegal interview question?

First it is important to assess the intentions of the interviewer.

Most illegal interview questions are asked in true innocence — or, better stated, in true ignorance: ignorance of the law, ignorance of what questions are proper, and ignorance of how the information could be used by others in a discriminatory way.

Ironically, most illegal questions are asked when the untrained interviewer is trying to be friendly and asks a seemingly innocent question about your personal life or family background.

Therefore, any attempt by the candidate to assert his or her constitutional rights will merely throw up the defense shields and put an end to any future consideration for employment. Warning lights go on, sirens sound, and the interviewer begins backing down from what otherwise may have been a very encouraging position.

So what is the proper response?

Any response depends on the particular situation and the personalities and motives of those involved, but overall you have three basic options:

(1) Answer truthfully if you feel your response will not hurt you;

(2) Inform the interviewer that the question is illegal and risk offending them and ending your chances for the position;

(3) Base your answer on the requirements of the job and your ability to perform it.

Here are a few examples of casually asked illegal questions and suggested responses:

Q: Does your family mind the travel required for this position?

A: I am accustomed to significant business travel. In fact, I find being on the road invigorating, and my track record has been very consistent under these conditions.

Q: Are you religious? Will your religion prevent you from working extra hours or on weekends when we have a big project?

A: I suppose everyone is religious in their own way. I do not foresee any circumstances that would interfere with the quality or commitment of my performance.

Q: You have a very unusual last name. What is its origin?

A: It really is a mouthful, isn’t it? I’ve always used my first name and last initial in my business e-mail address, as it is easier.

Q: Are you planning a family in the near future?

A: Currently, I am focused on my career and although having a family is always a possibility, it is not a priority at the moment.

Q: How many more years do you see yourself in the work force (before retiring)?

A: In today’s world people don’t retire like they used to; some can’t. My career and my need to earn an income are priorities that I do not foresee changing in the near future.

How you choose to handle these types of questions depends on the perceived motivation of the interviewer as well as your desire to have the position. However, no matter how badly you want or need a position, always keep in mind that if a company is capable of asking illegal questions before you are an employee, there is a greater potential for mistreatment after you are hired.

Your best bet is to try and keep the interview focused on the qualifications of the position and your qualifications as a candidate.

Blatant discrimination does take place. If it does and you are offended, you have the right to end the interview immediately (”I don’t think we’re a good match. Thank you for your time.”) — You never wanted to work there in the first place!

So, how did Jan in our example above answer the question? She could have said, “It’s none of your concern,” which likely would have quickly ended a promising interview.

But Jan thought about the underlying intent of the company in asking the question, which was “Will relocating an employee who likely has a family be so troublesome that he/she will be unproductive for months?” Considering that, she might have responded, “My family and I are committed to my career, so relocation is absolutely not a problem.”

But Jan’s family of five was used to moving every several years because of her ascending career, so Jan responded: “I’ve moved my family every three years, and they always consider it a great adventure. I’ve talked to them about the possibility of this move, and they’re very excited.”

Where to Get Interview Advice

If you have questions about a prospective employer, consider using a reference checking service as seen in the Wall Street Journal. In business for 20 years, Allison & Taylor will confidentially contact your references, inquiring about performance - managerial skills, judgment, integrity, productivity, technical skills - as well as employment dates, job description and reason for departure.

 

Comment from Doris Ten
Excellent article. I consider myself informed about interview questions. However, I did see some questions that I was not aware was illegal

Comment from John R Haygood
Having interviewed many persons over the time frame of "wide open" questons to now "restricted to the job", I would agree that a person should try to honestly answer the question without divulging any personal or non-job-related info. The consequences can be dealt with later. With regard to the question and answer on the origin of the name, good answer. However, I think I might have added "I got it from my parents". Of course, such a flip response might reduce my chances of selection. Interviewers can be nervous, too. An inappropriate question is usually asked more out of ignorance and/or nervousness than anything else. Later, if you got the job, no harm done and you can advise the interviewer of the gaff. If you don't get the job and you have documented the occurrence, you may be able to take the company to task. One thing each applicant should take care with is grammar and spelling in the application/resume.

Comment from Alan Sperling
What happens if in an interview the interviewer askes, Why do you want to work for this company? What should you respond with, that is a form of Illegal questions isn't it? Plus when you fill out an online application they always ask for your social security number, your birth date and sex, racail background and age. That is a form of Illegal questions just to fill out an application. The company's web site will not let you go any further then birthdate, SS # and your sex, racial background. This is going on every day with large companies, then once they interview you they inturn tell you later on that they decided to go with someone in their company, which inturn wastes your time for interviewing. But that goes on everywhere, hey if Wall street, the banks and other entities steal or do Illegal things then I guess that is the way of our country.

Comment from Peter Koral
I hear a lot of comments about my experience and that I am too experienced for some of the jobs I apply for and it is very bothering to me and my wife.

Comment from Peter Koral
I hear a lot of comments about my experience and that I am too experienced for some of the jobs I apply for and it is very bothering to me and my wife.

Comment from G.A.M.
I am an ANP who has been interviewing for jobs. Most of the employers are doing illegal things and saying illegal things which have offended me. I have refused several offers due to open unfairness and I know once I start working with them it will get worse. My last three jobs have been disasters due to false advertising and false references by recruiters about employers. Since most employers are using recruiters I find it more difficult to make a decision based on the information the recruiters are giving. As an NP I find myself wondering if I chose the right profession. In the state of Texas where I live it seems that anyone can open a clinic. I will love to open my own clinic but I lack the funds. I am praying that things will improve in my town. I want to caution nurse practitioners out there to do background checks even on recruiters.

Comment from RS
What is a proper response for age questions such as: What year was your undergraduate date?

Comment from Lisa Stahr
I feel more needs to be written on this topic. I have had numerous issues over the years with this. I am now 51 and the whole arena of agism is definetly alive and well, when they do the math from your first graduation of your BSN. I thank-you for writing about this and I also think, no matter how nice and calm you are in the interview, there always seems in group interviews one that is there to drive in the "screwdriver". I had an interview where a female MD, kept asking me many times how I could possibly work an 11p-7am shift with a child in elementary school? I kept saying calmly that it's never been an issue, I have friends and family that are in the area, as it involved relocating and as a single mother, which I also did not want known, I kept minimizing her concern, but she kept at it. I find these situations very difficult, because inside you want to say, it's really none of your business! Thank-you for a great article and more of this I think is really needed, especially in todays job market.

Comment from Jo T. Letwaitis
moving from self-employment to 'conventional' employment because of spouse's health - how far do you go with this answer when asked 'why'...?

Comment from V Johnson
I thank you so very much for this info regarding illegal questions during an interview. I am 55 yrs of age and getting ready to face "interviewers"-I really needed to know how to respond to the 'retirement' question. I know myself; therefore,I'm sure I would come up with an answer (whether good or bad) instead of opting out. I really appreciate you!

Comment from Daniel BergerD.O.
After a physician asked me about whether my health would be an issue (she was truly worried about reliability), I took my cue from "Data" on Star Trek and answered "I am functioning within normal operating parameters". This really puzzled the doctor and she repeated my answer. I replied the same way again, while smiling. I probably should have just said "its fine" but I was so offended that I did not pursue the job (which gave off other back vibes as well).

Comment from Theresa Nakagawa
Thanks for the useful advice and considerations when dealing with a potential incident of prejudicial interview questions (i.e., that may have been designed to obtain information on race, gender, religion...,etc.)

Comment from Robert
The recent one that I have seen is the requirement to indicate when you attended school, a definite attempt to get around the ban against asking age.

Comment from Lwrence Moody
Thanks I found this very useful

Comment from Carolyn J. Williams
Thank YOU for the article, however it still is not specific enough. The recruiter merely answered, He knew the questions are not proper--you didn't have to answer them!" And whenever you put your formal graduation date or highschool date, they'll know your age. Oh well!

Comment from Raquel
I am very happy to have heard this article. I have been through certain circumstances, that I can assure have positioned me to be unemployed still due my answers, when I did have to answer quite truthfully because now I know they were somehow in an innocent or ignorant way illegal. My feeling is that due to the answers they were expecting from me they decided not to hire me, maybe I am wrong, I was not qualified but why then did they called me up to set an interview. Thank you very much this all my comment.

Comment from Jay Crawford
I often get indirect questions about age and suspect that the company and or the government agency is knowingly, willling and intentionally engaging in age discrimination. At any rate asking when one graduated from highschool or got out of the military or even got out of college are all a stealthy way to get what they will not ask directly which is "How old are YOU" implying age is always a negative aspect of work. In my experience in the professions and in the knowledge field just the opposite is true, but I am sure routinely engaged in by most businesses and also by the government. It appears that the government both at the state and federal level just wink at employers violating the age discrimination laws. At any rate from my experience they almost always find for the employer. So much for the rule of law by administrative agencies.

Comment from Gloria Williams
Hello, My questions pertain to filling out applications online and once your getting closer to finishing the app, why are a lot of companies asking you: what is your gender and what race you are? Some are using the excuse of "this is strictly optional" but I feel this is a weed and seed mission of determining what a person's race is so how do you get around those two questions if in this day and time the norm is filling out an application on line and not face to face? [Editor: One of the choices in the demographic questions in online application processes is generally "Refused" or "Decline to Identify"]

Comment from barbara ray
Is it illegal to ask potential candidate if he/she would quite job if giving a position with their company when they finish school?

Comment from Susana Z
Helpful and informative article. Thanks!

Comment from james elbaor md
very good

Comment from Sgt. Gary A. Hurd
BIG PROBLEM!!: These damning on-line applications! You cannot get to the next page, (and they trash all your submissions, when it 'times-out'), UNTIL you put-down your age, so they can reject you! No phone numbers are given you, no real 'persons' to contact, and of course they'll never email you back, since they've already trashed your 2 hr. application, as you're too old,...or they dump you as wrong sex. Happens ALL the time, if your an over 55 man! Forget my degrees, certs., past exc. recommendations, resume' reworked to pieces, and 15-20 yrs. experience. These federal laws don't mean squat to these HR hacks. Thx. Cheers, P.S. .....all but unemployed, but very competant, and skilled, in N. Texas,..after well over 500 apps., and we're only talking $28K-40K/yr. jobs!

Comment from annette
Interesting article. Just went on interview where interviewer, ask me if I had ever been married. Illegal,right?

Comment from Nabilah
I did face a couple of the above questions in my previous interviews and was able to handle somehow. However, I feel I will be able to handle them in a much better way. Thank you for this contribution.

Comment from Esekaia Nalawa Ratukonadi
Appreciated all of the above as they hinted well into the possible questions during an interview and the interviewee's ability to answer them all as expected. Thanks.

Comment from PHILLIP MCKEOWN
I WAS INTERVIEWED BACK IN 1994 AND I GOT THE JOB AT A LOCAL HOSPITAL, BUT MY MANAGER ASKED ME TO MEET HER IN HER OFFICE AND CLOSED THE DOOR .. SHE TOLD ME AFTER CHECKING MY BACKROUND OF EMPLOYMENT AT UC DAVIS MEDICAL CENTER SHE TOLD ME THAT THE HUMAN RESOURSES DEPARTMENT IMPLIED THAT I HAD BEEN OBSERVED DRINKING MOUTH WASH AND THAT I WAS ACCUSED OF STEALING A RING FROM A PATIENT . I WAS BLOWN AWAY BY THE INFORMATION THAT THE UC DAVIS MEDICAL CENTERS HUMAN RESOURCE DEPARTMENT GAVE MY NEW BOSS [name removed for privacy], I NEVER HAD ANYTHING IN MY PERSONAL FILE SHOWING ANYTHING AS SUCH THERE, NOR HAD I BEEN CALLED FOR A MEETING IN REGARDS TO SUCH ACCUSATIONS. SHE TOLD ME IT WAS ILLEGAL AND ETHICALLY IMPROPER OF THE UNIVERSITY TO ACT IN SUCH A WAY. SHE TOLD ME SHE WOULD BE HAPPY TO BE A WITNESS FOR ME IF WANTED TO PURSUE THIS IN A LEGAL STANCE. I TOLD HER NO , BUT NOW THAT I THINK ABOUT IT IT WOULD BE A GREAT LESSON IN MY VIEW OF HOW THE UNIVERSITY OPERATES IN ITS FACT SHARING INFORMATION TO OTHER EMPLOYERS IN THE AREA, AND I WONDER HOW MANY OTHER PEOPLE WHO USED TO WORK THERE MAY HAVE BEEN SLANDERED AND FALESLY ACCUSED OF ANY CONDUCT THAT ISNT TRUE... WHAT ADVICE CAN YOU OFFER ME IN RATIONALIZING THE PURSUIT OF LEGAL ACTION AGAINST THIS INSTITUTION. SINCERELY, PHILLIP [name removed for privacy] ROT,OTC,CMA,OTT

Comment from sikander
Will your family mind the relocation from New York to Texas?” Regarding the answer of this question u have given the positive remarks to accept that situation. if any body is really not interestd to move other place how should he/she handle that situation thank u for the proper answer

Comment from David EKAU
Waoh!!! One of a kind...

Comment from Fitness
This is a great topic to touch on. Today, many employers are aware of the limited work opportunities and some use illigal questions to discriminate and select the disired employee based on unfair and illigal interview screening.

Comment from Fitness
This is a great topic to touch on. Today, many employers are aware of the limited work opportunities and some use illigal questions to discriminate and select the disired employee based on unfair and illigal interview screening.

Comment from Charles Alston
Are their question a future employed can ask that are illegal to ask of your present employer?

Comment from Cynthia Banhart
If you have been fired or laid off what is the best way to handle this? I understand that you can not lie on an application and this can be grounds for dismissal or not hiring you. What about getting fired because the boss didn't like you? And as we all know this does happen? And can the ex-employer tell the future employer that you are ineligible for rehire? And then can they tell them the reason why? Thank you.

Comment from anita vaughn
i found this article very informative on how to respond to certain questions. i am currently seeking a position and need all the resource i can use to keep up with today's most current interview advise. thank you very much.

Comment from Anita Caldwell CMA
Good info...funny...this just happened to me at my last job interview for a MA position with a foot & ankel doctor; I'm a seasoned worker, quilified to do all that is required by an MA...at the end of the interview when her partner joined the interview; I was feeling confident that I was able to rely that I could do the job and more than ready to started and that she liked me or displayed that anyway; then was asked gee "how many children do you have"? I didn't realize that she was trying to 'date' me! and told her my personal history to a poinit. After two days of a working interview...following one on of the MA's there..step by step...the physician called me stated "she was concerened that I would get tired and the office too fast paced for me." I was told by the Colorado Un-employment office to report her for discrimination due to my age (57); but, would have a hard time proving it since she called and spoke to me over the telepone and didn't record the call! I hope these doctors think back when they get my age... Anita Caldwell CMA

Comment from John Torok
useful information

Comment from Theresia Hunt
I found your article on illegal questions and answers helpful. I had a brief "class" in what not to ask when I volunteered to be part of a hiring group at my company but I never knew what type of response to give when I began my search for a new job. Thanks

Comment from Theresia Hunt
I found your article on illegal questions and answers helpful. I had a brief "class" in what not to ask when I volunteered to be part of a hiring group at my company but I never knew what type of response to give when I began my search for a new job. Thanks

Comment from Cindy
I have come across applications on line where they ask your birthdate and the year you graduated from College, I try to skip it and they will not let me go any further with the application, is this legal?

Comment from Sarah Giliberti
I'm an NP with seven solid years of experience in internal medicine and infectious disease. I was asked during an interview if I was planning on doing rounds with my baby. Taken aback, I looked at the doctor and asked him if he did rounds with his children. He said no. What really bothered me was that they went ahead and checked my references, which I've chosen carefully. Some of these references are nationally or internationally known and highly respected, hence their time is limited. The interviewer's query to them seemed voyeuristic, as they told me the references were glowing but they would not be able to offer me employment. Some things that are said about the deep south, sadly, are true.

Comment from albert
Great article

Comment from Ajeon
While I was pregnant with my son I started school and I started looking for another job to better acomidate my school hours. After putting in a few applications and going on a few job interviews with no success one employer in my current company informed me that the reason no one would hire me is because no one wanted to hire a pregnant woman because they didnt want to deal with maternity leave is this legal?

Comment from William Bisson
I have been on the recieving line of getting fired for not violating patients rights in MRI. I got my unemployment, but it is difficult to find a new position. I thought past employers were only allowed to give dates of employment out, not opinions.

Comment from Lizzie
I wish I had seen this article a month ago! I was interviewing for Physician Assistant positions and on two separate occasions I was asked illegal questions by a Physician. First, I was asked my age, and then if I had children, and finally, if I was married or thinking of marriage in the near future. I was totally unprepared for these questions!

Comment from Emma Laosebikan
The state of Georgia is an "AT WILL" state and therefore they can hire you one day and turn around the next day and fire you for "NO REASON". It is agaiist the law for former supervisors to be contacted for references especially when the supervisor is incompetent, biased, or just does not like you. The ability to do your job and do it responsibly with accountability does not count. The situation is that of a PLANTATION STATE OF MIND. Nepotism exists and there are people not qualified to get a job but it is all up to who you know and your skin color. A lot of envy exists if your credentials are outstanding. Animosity becomes apparent and then if you are hired workplace bullying occurs. I know many professional nurses, doctors, and other people who work in this type of enviroment. However I can go to sleep at night with a clear conscious. I am blessed to have no stress. I just continue to do the right thing and not bow down to the improprieties of the illegal and immoral conduct.

Comment from Gayl H.
I don't know where things have gotten so extraordinaryly perveted over time.....If I had to relocate to Texas from New York, and didn't want to, I would feel quite thankful that I was informed that was a requirement of my new position BEFORE I took it. If I was planning to have children, and that would be generally frowned upon, I would be very glad that my prospective employer was up front with my job requirements. Who wants to work in a situation that is not fitting to them? And on the other hand what employer wants to hire someone that is not fitting to them, or is at very high risk for early resignation. Where has honesty gone? I am a female, with a large family. I have practiced in a variety of situations. The only discrimination that I have encountered in my last 15 years of practice is that of the governing boards of the ABFP. I have always been completely honest with my interviewers, and have probably asked THEM questions which were "illegal". Perhaps I felt I was interviewing them as much as they were interviewing me....hasn't the world moved on enough to respect the needs of both employer and employee? Is it truly discriminatory to evaluate if the match is good, from both sides? To me finding a good fit bilaterally is a win-win situation. Perhaps I am idealistic, but I don't want to work for anyone who still uses the "female/male, black/white, gay/straight" criteria for hiring. I want an honest description of what I have to do, and I will provide an honest answer about if I can meet those demands - and if they are conflicting, so be it...better for both of us to move on to the next person/employer.

Comment from L A Caruso
I have been on both sides of the fence and realize what happens during interviews. I always tried to stay within a comfort zone for both parties. Now that I am looking again I feel like I'm being discriminated against because of my age(57). After several pleasant and somewhat successful interviews, I feel like this is the reason I don't get called back. Why is it people think you aren't worth your salt if you are over 50? Do they honestly think you can no longer contribute or are they afraid of you 'retiring' in a few years? It's like they are making the decision for me without my consent.

Comment from Faye Lawrence
Wow. I have been asked these questions in a lot of interviews before and I never even realized that they weren't supposed to ask me those questions. Everytime I was asked "Do you go to church on sundays?are you catholic? Because we need someone to work on sundays?" I would feel uncomfortable (Im not religious at all and dont go to church)But I never knew they werent supposed to ask me in the first place

Comment from Benjamin Gonzalez
I was hired by a Non-Profit Organization (PROCEED, Inc.) as a Team Leader. I excelled in my position and even filled in for my Director in her absence. I trained all the Family Specialist in various areas of expertise such as, HIPPA Law, Case Management, Progress note, etc. Even other Department employees asked for my assistance, and not one to refrain from offering assistance I kindly obliged after consulting with my Director (said gave the green light), and no downtime to my workload at all. I knew my job and my Director would assign me extra work in which I also excelled. Three (3) months later she refused to provide an evaluation as promised - called me into her office and stated by saying, "I have to let you go." "Why I asked?" "because you are ove3rqualified for the position, and I promise to rehire you when an Assistant Director position becomes available in several months," she said. Now, I never heard from her again, and its been over 7 months. Ben

Comment from Being to nice and honest
I was fired about a year ago and found out that the person who was my direct boss really did fire me because of medical reasons but on paper and from an administrative point of view this person used other reasons. I had been honest in interviews about my previous employers and really did not know what to say about my previous job. I don't want to lie but I really don't know what to say other than that it was knew management and I was fired. It is so hard in this day in time to get a good job especially with competing with so many people that are just layed off for any reason and not fired.

Comment from L
I am a young professional and nationally certified in my field. I am in the interviewing process with major institutions across the country and thus far have been able to drive sometimes hundreds of miles for interviews, but if a possible employer should ask me to come in to interview after having a phone interview and it is not within driving distance what can I say? I'd love to but am too young to rent a car. Due to the economy no place is covering relocation or even interview costs other than meals. I am willing to pay for my own flight but can not rent a car to get from the airport to the sites. Any help is appreciated as I foresee this being an issue in the near future.

Comment from Beverly
I would say yes! I've come across that, too. So what do we do? Report them? I've been looking for a job since June. I am a RN Case Manager with years of experience. I have a feeling that after looking at my resume, my age becomes apparent somehow. It's scary being on unemployment, as well as depressing. So, what does one do in this case?

Comment from Jeanette
The thing I don't like on applications is when they ask you why you left, or are wanting to leave, your job. That, to me, seems like a loaded gun. You may be tired of the office politics or, like in my case, I am starting to feel like a used car salesman because we are required to shove the fact we do urgent care now down everyone's throat who walks in the door. (We have signs all over the place stating that fact.) I detest that question and feel like no matter what I put down I will be viewed as a problem employee and I am not. Putting down "personal reasons" opens a door I don't want to open. What would be an appropriate response?

Comment from Tiffany
I was asked a similar question when interviewing for a administrative fellowship at a nearby health system. While blown away, my response was , I was sure everything would be fine for moving and if not I had no problem commuting (the drive would have been 1- 1 1/2 hours long - no big deal to me). Needless to say I didn't get the job, and when I asked why. The potential supervisor stated it was my lack of willingness to move. As you can see I never said that, but still did not get the job.

Comment from dt
I cannot begin to tell you the amount of illegal questions that I have endured over the last several years...from " How are you going to make your teenager move" after being drilled on how many kids I had and their ages after driving 4 and 1/2 hours for a job that I was totally qualified for and ready to move for to "What instrument does your husband play" after reluctantly giving up my husband's profession, and then being questioned about whether or not HE is a "stable" person!!!!!!!! There must be some sort of action to take. Some of these facilities I interviewed at were in no way ignorant of the law either!

Comment from Kristy Gish
How do I know if my Human Rights have been violated by my emlpoyer. Where do I go for advice?

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