Because of the United States’ strong anti-discrimination laws, many job interview questions are actually illegal—this includes questions about your gender, children or future children, marital status, nationality, religion, disability, and age.
However, this doesn’t stop all employers from asking them. Not all of them ask with bad intent— some are just trying to make conversation with you and maybe find common ground—but the question is inappropriate just the same and you do not have to answer it.
You don’t want to come right out and tell them that what they are asking is an illegal question they have no right to know the answer to. That tends to increase the tension and create an antagonistic conversation you might not be able to turn around, and your job interview will be ruined—even if the employer actually had a high level of interest in you as a candidate.
If you can, try to tactfully dodge the question without actually answering it. Here are a few illegal interview questions with ideas for how to address them.
Questions About Gender
Usually these questions center around something like, “Do you really think you can run a team of all men?”
A good answer would just slide right past that and say:
“I am very comfortable in a management role. In my last position, my team achieved X.”
Questions About Children
These are usually tied to gender, asked only of female candidates. They might say, “Do you have good childcare?” meaning, “Are you going to call in sick when you have to take care of your kids?”
You should say:
“I am absolutely committed to my professional obligations and to the people here who would depend on me.”
If they say, “Are you planning on having children?” or “Are you planning on having more children?” Unless you are pregnant right at that moment, I would just say, “No.” First of all, you never know what the future holds, and second of all, it’s none of their business.
Any questions about plans to marry, to stay home after you have children, or your spouse’s occupation or salary are all illegal.
Employers might ask these questions to get a read on how long you’ll plan to stay at the company— butif that’s their question, that should be what they ask.
In response to any future marriage or family plans, smile and say, “You know, I’m not making those kinds of plans yet. I am focused on my career, and I’m interested in growth opportunities in this company. Can you tell me more about that?”
If you’re asked about your spouse’s occupation, it may be in a relocation situation where they’re trying to see if your spouse will be OK with moving with you. I would be OK answering that question. If your spouse is in an impressive career, their follow up question may be, “Wow, then what are you doing looking for a job?” Just smile and say, “I work for many reasons other than money. I am very talented and skilled at X, Y, and Z and I enjoy the work as well as achieving goals, like I did last year in my job where I _______.” Fill in the blank with whatever outstanding and impressive thing you did.
Questions About Nationality
Sometimes this is a simple, “Where are you from?” and they don’t mean any harm by it. Just smile and say, “Texas. How about you?”
Many companies are sensitive to whether or not you are legally allowed to work in the U.S., and that is a question they can ask. They can’t ask “What race are you?” or “Were you born in the United States?” They can only say, “Are you legally allowed to work in the U.S.?”
If you have an accent and the interviewer says, “Oh, are you from X?” it is probably an innocent question. Your best bet is to smile and say, “Yes, I moved here X years ago and I am legally allowed to work in the U.S.” If this is not your first job in the States, say, “In fact, I’ve been very successful working as an X for ABC Corporation.”
They might say, “Is English your first language?” Feel free to say, “I speak both English and Spanish fluently.” (Or whatever language you speak, of course.)
Questions About Religion
Employers are not allowed to ask about your religion, whether you’re going to be asking off work for religious holidays or if you go to church on Sundays. They can ask if you are available to work on Sundays, or if you will be able to work normal work hours.
Just say, “I’m certain I will be able to work the schedule that is required for this position. Is there anything unusual about the schedule that I should know about?”
(I always like the tactic of asking a follow up question for clarification.)
Employers are not allowed to ask direct questions about your disability, but they can ask if you are able to perform specific job duties. If they ask anything you are not comfortable answering, you can just say, “That isn’t something that will interfere with my ability to do this job.”
Questions About Age
Generally, questions about age are going to be a problem (and a legal issue) for those who are over 40.
If you are asked blatantly, “How old are you?” “When did you graduate?” or “When were you born?” and you truly think they will hold it against you, say:
“My age isn’t relevant as to whether or not I can do this job, but my experience is, and I have experience in X, Y, and Z. In fact, I won the award last year in my company for X.” Mention some notable achievement that illustrates that you are successful and good at your job.
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Remember, most illegal interview questions are not asked with malicious intent. Usually, they are innocent questions asked by inexperienced interviewers in an attempt to spark conversation and get to know you.
In most cases, you can tactfully dodge the question with a smile and a sentence that directs the conversation back to your fit for the job, maybe even answering the question they should have asked, but didn’t.
If you genuinely feel that this question was inappropriate, and can’t dodge it, you can ask how this applies to your ability to do the job.
***Note: This section on illegal interview questions is not intended to be a comprehensive list of illegal interview questions, and does not substitute for legal advice.