Thursday, September 15, 2011

Illegal Interview Questions

Chris Wodke

Title VII of the Civil Rights Act of 1964 makes discrimination illegal on the basis of race, sex, religion or national origins illegal in personnel decisions.

The Americans wit Disabilities Act of 1990 includes questions related to disabilities as being illegal.

Questions about disabilities or about age, height, or weight are illegal unless they can be shown to relate directly to the job and perform essential job functions.

These questions would be considered illegal if asked during an interview.

  1. Are you married, divorced, separated, single, or gay?
  2. How old are you?
  3. Do you go to church regularly?
  4. Do you have many debts?
  5. How many children do you have?
  6. Do you own or rent your home?
  7. What social or political organizations do you belong to?
  8. What does your spouse think about you working?
  9. Are you living with anyone?
  10. Are you practicing birth control?
  11. Were you ever arrested?
  12. What kind of insurance do you carry?
  13. What year did you graduate high school?
  14. How much do you weigh?
  15. How tall are you?
  16. Do you have any disabilities?
  17. What do your parents do?
  18. Have you ever been treated for depression?
  19. Have you have been diagnosed with ADHD?
  20. Have you ever sued your employer?
  21. Have you ever had any mental health issues?
  22. How often do you see a doctor?
  23. What medications are you on?


The question now is what to do if this happens during your interview. Here are some strategies you could follow if this happens:

  • You can answer the question and not acknowledge it is illegal.
  • Answer the question and bring to the attention of the interviewer it is not a legal question.
  • Indicate indirectly the question may be inappropriate. “Does being single have any bearing on the performing the responsibilities of this position?” This way to answer any concerns of the employer.
  • Turn a positive into a negative.  “Although I am 50, I look like 40, have not missed a day or work in 5 years. I get more done in a day than most 20 year olds.”

How you handle questions will depend on your personal style, how comfortable you are with the interviewer and how much you want the job.  In some instances these types of questions are asked and the questioner does not know it is illegal. I participated in a breakfast interviewer with another manager.  To break the ice the other manager asked the candidate if he was single or had a family.  After the meeting I took the other manager aside and told him that type of question is illegal. He had no idea. The candidate did take the question in the spirit it was intended and answered the question.  Sometimes that is the best strategy.





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