17 Illegal Questions Hiring Managers Still Dare to Ask
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Over 74 percent of job seekers have reported being asked illegal interview questions. It’s no secret that some of the questions hiring managers ask during interviews can cross the line; about 32 percent admit to purposely asking illegal interview questions.
In the U.S., federal and state laws protect candidates from discrimination, but these 17 questions still creep into interviews.
“Are You Married?”
This seemingly innocent question may be considered polite chit-chat, but it’s actually a giant red flag. Your marital status is none of anyone’s business as far as a job interview goes.
The Equal Employment Opportunity Commission (EEOC) forbids it under Title VII of the Civil Rights Act. If it pops up, Pivot with something like, “I focus on maintaining a work-life balance to be fully committed to my job.”
“Do You Have Kids?”
It’s not ok if employers use this question to judge a candidate’s ‘flexibility’ or willingness to work extra hours. Asking about children—or potential children—is discriminatory.
This question is especially problematic since most women face career penalties for family status. Sidestep by saying, ‘I am completely available to meet the job requirements and any other job responsibilities that could be required.’
“How Old Are You?”
Under the Age Discrimination in Employment Act (ADEA), employers can’t ask questions that suggest age. 90% of U.S workers over age 40 say that they feel the target of ageism in hiring and workplace.
If a hiring manager takes a nosy interest in your age, try to redirect by sharing how your experience corresponds to the needs of the role you’re being considered for, or very gently say, “I come with years of experience to contribute to your goals.”
“What Religion Do You Practice?”
You know what? It’s surprising, but this one still comes up. Many job seekers admit to experiencing such questions relating to religion disguised as scheduling problems.
Employers are responsible for accommodating a religion, hence this question is entirely off-limits. Respond, “My schedule is flexible to do what the role demands.”
“What’s Your Nationality?”
This question is beyond just getting to know you; it directly violates anti-discrimination laws under the EEOC.
Rather than saying anything personal, you can state that you can legally work in the U.S. This way, attention is kept on qualifications and legality, not nationality.
“What’s Your Native Language?”
It is relevant to ask about language proficiency for some positions, just not about nativity in English, as that can represent bias against immigrants by national origin.
One that works is “I am fluent in [language] and have used it successfully in past roles.” This indeed answers the concern without any background diving.
“Have You Ever Been Arrested?”
In a few states, it’s legal to ask about convictions. However, asking about arrests that didn’t result in convictions is generally illegal. This question can generate unintended and unfair biases against over 70 million adult Americans who have an arrest record that may not have led to a conviction.
If asked, you could answer, ‘I’m fully committed to following company policies and don’t have any records that could jeopardize my role here.’
“Do You Have a Disability?”
This is against the Americans with Disabilities Act (ADA). According to the most recent data, one out of four U.S. adults has a disability—and it’s against the law to ask if not directly related to a candidate’s ability to perform job-specific tasks.
When you’re asked, respond with, “I am completely able to do the essential functions of the job.”
“What’s Your Sexual Orientation?”
No personal questions about sexual orientation or gender identity are permitted during interviews, and they are prohibited by Title VII of the Civil Rights Act.
Discrimination against hiring processes increases within the LGBTQ+ community. Pivot back to job-relevant topics by saying you are eager to contribute to this team with your unique perspective and experience.
“What’s Your Medical History?”
The ADA also limits what bosses can ask you regarding your medical history. Over half of the job seekers with a chronic illness are asked discriminatory questions.
Rather than answering, gently say this, ‘I am prepared to meet the demands of this role.’
“Where Were You Born?”
A question like this, could be discriminatory based on national origin, and is illegal. About 1 in 5 foreign born job seekers have responded they had been asked such questions.
You can politely dodge this by saying: “I am eligible to work in the US and am qualified for this role.”
“Do You Drink or Smoke?”
This may sound like some sort of ‘wellness’ question, but all too often, it’s off—except when it directly impacts your job performance.
22% of employees say they experience lifestyle-based discrimination. You can respond by saying, “I prioritize my health and balance in ways that make and keep me productive.”
“What’s Your Financial Status?”
It’s outside the bounds of decency to ask a question about someone’s finances, such as whether you own or rent.
Many candidates say they are asked questions linked to assumptions about their stability. Politely say this, ‘I want to focus on contributing to your team’s success.”
“Do You Have Any Upcoming Medical Procedures?”
The ADA protects questions about future surgeries or medical treatments. People who have planned medical treatments face discrimination in most job interviews.
If you were asked this question, deflect and say, “I am totally available and dedicated to the role’s needs.”
“Do You Have Any Military Obligations?”
Over one in three veterans have reported this question, which violates the Uniformed Services Employment and Reemployment Rights Act (USERRA).
A great response would be, “Well, I am completely ready to put all my effort and time into performing the tasks assigned to this role.”
“How Long Do You Plan to Stay with Us?”
Loyalty is important, but if you ask outright, it can be discriminatory, implying age or family planning bias. This interview question has frequently been asked of many job seekers.
The better answer is, “I look forward to growing with your team and discovering where my career here can go.
“What Political Party Do You Support?”
It shouldn’t matter whether a person is politically inclined regarding their candidacy. When inquiring about political affiliation—actually doing so can be biased and is mostly off-limits.
About 8 percent of employees have reported being singled out because of their political views. To avoid this, say, “I concentrate on creating a positive and respectful work environment.”
Disclaimer- This list is solely the author’s opinion based on research and publicly available information
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