Illegal Interview Questions

As you are searching for a job, be mindful of your rights. The U.S. Equal Employment Opportunity Commission (EEOC) was established to enforce antidiscrimination laws in the United States. According to the EEOC website, Equal Employment Opportunity laws are in place to protect workers from employer discrimination due to a person's 

• Race
• Color
• Religion
• Sex (including gender identity, sexual orientation, and pregnancy)
• National origin
• Age (40 or older)
• Disability 
• Genetic information

EEOC also protects workers from employer retaliation against:

• Complaints about discrimination
• Filing charges of discrimination
• Participation in an employment discrimination investigation or lawsuit

Illegal discrimination occurs when protected classes are factored into employment policies, practices, and decisions. These can include:

• Job advertisement
• Recruitment and pre-employment inquiries
• Application and hiring
• Background checks
• Job referrals and employment references
• Job assignment and promotions
• Pay and benefits
• Discipline and discharge

Here are some examples of how illegal subjects could be brought up in an interview from Careeronestop:


 

If you are asked an illegal question in an interview, keep in mind that your interviewer may not be an HR representative in the organization and thus may be unfamiliar with Equal Employment Opportunity laws. Oftentimes, these questions are without malicious intent. If during the interview you realize you are being asked an illegal question, there are a few good ways to answer, as suggested by The Balance Careers:

• Give a short and limited answer to the question, if you believe there is no ill intention. 
• If you are uncomfortable answering, politely tell them that you are happy to answer their question but aren’t sure how it relates to the job, giving the interviewer the opportunity to realize their mistake.
• Another option is to simply answer "This question does not affect my ability to perform the job." 

Through these responses, you can assure the interviewer that you are capable in fulfilling the duties of the job position while avoiding questions that could possibly harm your chances of landing the job.

If you are asked incredibly offensive questions in an interview or are blatantly discriminated against by a potential employer, it is possible for you to file a Charge of Discrimination with the EEOC. 

Information Sourced from:

Careeronestop “Illegal Interview Questions”

U.S. Equal Employment Opportunity Commission 

The Balance Careers “How to Respond to Illegal Interview Questions”