Illegal Job Interview Questions

Questions about race, national origin, religion, age, marital status, family situation, or disabilities are illegitimate in an interview. However, don't be surprised if some creep up. The interviewer simply may not know that certain questions are illegal. Knowing what's illegal, and keeping focused on your goal of getting a job offer will help you develop your responses.

That said, it's time to point out some questions and situations that are perfectly legal. You can be asked about your legal eligibility to work in the United States (are you a U.S. citizen or do you have a legal right to work in the U.S.). You can be asked whether you meet legal age requirements (i.e., are you old enough). In the matter of health and ability, prospective employers can ask about your abilities essential to completing core job functions. And while you cannot be asked whether you have ever been in rehab, many companies do perform testing for illegal drugs. Also, legally, you can be asked whether you take illegal drugs.

For some people, being asked an illegal question might be a red flag for action. You know yourself well enough to know you will not tolerate an environment that allows such questions to be asked. If the question seemed to be posed unwittingly, you may choose to answer with the attitude that the questioner may simply have genuine interest in you as a person. The question may just provide you a good way to connect with the interviewer, if you have reason to believe that the interviewer is asking about something he or she shares in common. Another path might be to evade the question but address the matter behind it. Women who are asked whether they have children might speak about their commitment to professionalism and getting the job done on time.

If you decide on the spot that you do not want the job, you can take action. You can excuse yourself from the interview and even file a complaint with the Equal Employment Opportunity Commission. If, despite the interviewer's blunder, you want the job, answer in a way that would reflect positively on your work performance. "Thank you for asking about my accent. I'm from XYZ country. I've been a U.S. citizen (or have had legal authorization to work here) since 1998."

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