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Illegal Interview Questions: Should You Answer?

By Willette Coleman ©2015

Job interviews can be stressful enough without having to respond to illegal questions.  Knowing something about these questions and your rights is an important career life skill. Did you know that, “In case of an emergency, who should we notify?,” seen on many applications, should be asked only after you’re hired, or that a seemingly harmless query, such as “Are you married?” violates the U.S. Equal Employment Opportunity Commission’s (EEOC) Genetic Information Nondiscrimination Act (GINA), Title II?  Your marital status isn’t relevant to a specific job performance. Yet, some applications still instruct candidates to check or circle the “Mr., Mrs., or Ms.” label.  Under this law, females are NOT obligated to check the “Mrs.” label.

Did you know that the question “Are you a U.S. citizen,” also seen on applications, violates the 1964 Civil Rights Act, Title VII that prohibits employment discrimination based on race, color, religion, sex, or national origin?  Furthermore, the EEOC states, “Employers should not ask whether or not a job applicant is a United States citizen before making an offer of employment.”  Yes, employers must offer you the job first!  Asking your age is also illegal since it violates the 1967 Age Discrimination in Employment Act (ADEA).  However, shifty interviewers might ask:  “When did you graduate from high school or college?”

A controversial question is:  “Have you ever been arrested or convicted?”  According to EEOC.gov/laws, “Federal law does not prohibit employers from asking about your criminal history.”  However, the laws do “prohibit employers from using this information to not hire or to fire, which may violate the 1964 Civil Rights Act, Title VII.”
Note:  The operative word is “may” violate.  Recent “ban the box” campaigns are demanding this question be eliminated from federal and state job applications and interviews.   Target, Walmart and 13 states, including Washington, DC, are reported to have removed the question.

The Quandary:  To Answer or Not to Answer.
You have a right to refuse to answer illegal questions, but, doing so could risk you appearing as uncooperative, even confrontational. Avoiding or deflecting the question may not work because you could appear shady.  Since questions must relate to your ability to perform the tasks required for the job. It’s okay to ask:  “Is this question relevant to the job’s requirement?”  Depending on the interviewer’s mindset, however, your response could be interpreted as hostile, especially in racist and/or sexist climates. Nonetheless, you are within your rights to “gently” decline answering illegal questions. Of course, when focused on making a good impression, you may not think about illegal questions, which is why being informed is vital.
Learn more about your options here.

Interested in writing for our Guest Blogger series? Email info@perkconsulting.net 

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Willette Coleman is a career planning and scholarship consultant to adults and youths.