Handling Improper Interview Questions
When you interview for a job, your prospective employer is supposed to ask questions—whether on the job application, in the interview, or during the testing process—that are related to the job you are seeking.
While various federal, state, and local laws prohibit discrimination in employment based on certain characteristics protected by law, such as race, sex, disability, age, and so on, many of these laws do not ban specific interview questions.
The focus of interview questions should be: What does the employer need to know to decide whether you can perform the functions of the job? When an employer strays from job-related questions into areas that relate to protected characteristics, this could raise an inference of discrimination, depending on the circumstances.
If asked an improper question, you have a few options:
- You are free to answer the question. However, keep in mind that if you provide this information, you may jeopardize your chances of getting hired, in the event you provide the “wrong” answer. There may be a legal recourse available to you, but this is not the preferred outcome for most job applicants.
- You can refuse to answer the question. Unfortunately, depending on how the refusal is phrased, you run the risk of appearing uncooperative or confrontational, and losing the job. Again, there may be legal recourse, but this is hardly an ideal situation.
- You can examine the question for its intent and respond with an answer as it might apply to the job. For example, if the interviewer asks, “Are you a U.S. citizen?” or “What country are you from?,” you have been asked an improper question. You could respond, however, with “I am authorized to work in the United States.” Similarly, if the interviewer asks, “Who is going to take care of your children when you have to travel for the job?” your answer could be, “I can meet the travel and work schedule that this job requires.”
Following is a synopsis of various federal laws that prohibit discrimination in employment, with examples of improper questions and the questions employers may ask. You can use your answer to the “proper questions” to answer an improper question.
Questions based on race, color, religion, sex, and national origin
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employment discrimination on the basis of race, color, religion, sex, and national origin. Race discrimination includes discrimination on the basis of ancestry, and physical or cultural characteristics associated with a certain race, such as skin color, hair texture or styles, or certain facial features. According to the Equal Employment Opportunity Commission (EEOC), there are no job-related considerations that would justify asking an applicant a question based on race.
Further, questions about height and weight are not acceptable unless minimum standards are essential for the safe performance of the job’s duties.
Examples of improper questions (race/color):
- What is your skin color?
- What is your race?
- Are you a member of a minority group?
- What color are your eyes and/or hair?
- Requests that you submit a photo at any time prior to hiring are improper.
- Is your spouse Caucasian/Hispanic/African American/Asian, etc?
- Questions asking specifically about the nationality, racial, or religious affiliation of a school are also improper.
Examples of proper questions (race/color):
- An employer may ask you to voluntarily offer your race for affirmative action programs.
- Photos may be requested after hiring for identification purposes.
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