By Michael R. Neece CEO, Interview Mastery
Interviewers who ask illegal questions should not be interviewing because they are increasing the
legal risk to their company. Even though they’re asking an illegal question, it’s not effective for
you to say, “That’s an illegal question.” Responding professionally is more effective than telling
the interviewer they’re breaking the law. There are federal, state, and even local laws governing
job interviews. United States employment laws make it unlawful to discriminate based on race,
color, religion, sex, national origin, age (40+), sexual preference, health or disability. Questions
that don’t focus on job qualifications are probably illegal.
This article will help you respond to illegal interview questions. This article is does not constitute
legal advise. For current information on employment law go to U.S. Equal Employment
Opportunity Commission (EEOC) web site. www.eeoc.gov.
Every question provides you with an opportunity to present information about your abilities.
Even illegal questions are an opportunity. Your response strategy for handling illegal questions
is:
• First, do not directly answer the illegal question. Remain calm and be positive.
• Second, deal with the concern behind the question. If you’re not sure what the real
concern is, ask the interviewer to elaborate why this information is important to them. Or
you might ask “What are the realities of this position that prompt you to ask me that
question?” Or “How is that important to the position?”
• Third, express your commitment to your career and to perform the position at the highest
levels.
The following example demonstrates how you can use this response strategy to handle most of
illegal interview questions.
The interviewer asks: “How does your family feel about the demands of this job and your
career?”
Your Response:” I’m fully committed to performing my job at the highest level and delivering the
results required. My career is very important to me and I have a strong support system. Could
you rephrase or elaborate on your question. I want to make sure I address your concern.”
In this example, I did not show any negative emotions and did not say that the question was
illegal. I responded to what I believed was the real concern behind the question and then asked
the interviewer to rephrase their question to ensure I understood and addressed their concern.
The response strategy outlined here will help you deal with most of the illegal questions you’ll
encounter during an interview.