What happens when job interview questions bridge the gap between inappropriate and illegal? Do you know which interview questions are illegal, and what you should do if they are asked? Far too many job seekers don’t know when they are asked illegal questions, which means that there are too many employers who either don’t know the laws or don’t care.
If you are asked illegal job interview questions, you not only have the right to refuse to answer, but also the right to report the employer’s conduct. Of course, the employer could have simply made a mistake, but you’ll have to judge his or her intent for yourself. Just know that you don’t have to feel violated or discriminated against during a job interview, and that you do have recourse if you are victimized.
First of all, you should know that most of the instances of illegal questions asked during job interviews are mistakes and not intentional. Some employers simply don’t familiarize themselves with the laws concerning legal and illegal questions, which really isn’t an excuse, but you might want to take this into consideration. In other cases, the employer might simply forget his or her manners and ask something that isn’t appropriate.
When this happens, you have several choices.
First, if you think that the illegal question was asked on purpose with the assumption that you don’t know the laws, you have every right to walk out of the job interview with or without an explanation. Of course, this means that you won’t get the job, but who wants to work with someone who plays fast and loose with the ethics of business? This is especially true if the question involves your sexual orientation or your ethnic background.
Your second option is to politely remind the interviewer of the laws concerning illegal questions during job interviews. You don’t have to be rude about it, but you should explain that you aren’t required to answer the question. If you want to soften the blow, you can offer an alternative to the question, such as, “Asking whether or not I’m a resident of the U.S. isn’t allowed by law, but I can tell you that I am legally authorized to hold a job in the United States.
Some job seekers are so desperate for work that they are willing to overlook an illegal job interview question, but this isn’t something that I would advise. If you pretend that you don’t know the laws and answer the question anyway, you run the risk of setting a precedent. When an employer knows that he or she can “get over on” an employee, the treatment isn’t likely to stop. Plus, future interviewees will probably be asked the same illegal questions.
The bottom line is that you should know your rights when it comes to employment law and exercise them whenever possible. If you know that an employer or a prospective employer is pushing the boundaries of propriety, you do everyone a favor by calling his or her attention to the matter.
