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***Illegal Interviewing Questions- What You Need to Know and Say

Topic: Career TransitionPublished May 20, 2009

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When you are going through a career change, it is often hard to determine how to handle the interview. It’s a good possibility that you haven’t been in a job interview for quite some time if you are undergoing a career change; this is why it’s more important than ever to know what to say and what to expect. It’s also important to understand what questions are considered illegal and what to do if you are asked one of these offensive questions.

In the United States, questions that involve class, religion and race are considered illegal under the Civil Rights Act of 1964. However, this does not stop interviewers from asking them. In fact, a recent study reports that out of 100 companies surveyed, all of them asked five illegal questions. So what are the questions you need to keep your ears open for? Read on.

Where were you born?
Employers can ask if you can legally work in the country, but they cannot ask where you were born. This question usually falls under the racial discrimination sector.

Are you married?
Most companies want to know the private lives of their employees and marriage is a big part of this life. However, during the interview process, this is neither here nor there and can be used against you. Many employers believe that single people will work longer and harder and this is considered discrimination.

How old are you?
Employers can ask if you are over the age of 18 but they cannot specifically ask your age. Even if you don’t mind telling them, you do not have to. Answering this question could lead to investigations of age discrimination against those older employers or those younger (and therefore stereotyped as immature) employees.

Have you ever been arrested?
For some jobs, employers have the right to your criminal record. However, this does not mean you need to discuss your arrests if they did not result in a criminal record or charge.

Do you have a disability/ chronic illness?
This is something all interviewers are wary off- after all, no one wants to hire someone who is going to need a lot of sick days and use their health benefits to capacity. However, under the Disabilities Act, this is an illegal question and you do not have to answer this.

Do you drink or smoke?
Sure, no one wants to hire an alcoholic but what you do on your own time is up to you. Unless it has something to do with the job, then this is an illegal question.

It can be difficult to decide what to do if asked any of these illegal questions. Do you refuse to answer outright? Do you answer knowing that what they are asking is inappropriate? Or do you stand up, walk away and report the interviewer to the authorities? This is entirely up to you; however, one of the best ways to handle the situation is by politely asking how this question is relevant to the job. If there is no relevance to the job, then you need to answer (or not answer) with your heart.

Article author

About the Author

David Couper is a career coach and writer who for the last twenty years has worked in Europe, Asia, and in the USA with major organizations including the BBC, Fuji Television, Mattel, Sony, and Warner Bros. He has successfully coached individuals at all levels including CEOs of major companies wanting a new challenge, frustrated souls wanting to make their dream come true, and front-line employees laid off and desperate to get a job. David has published seven books. His works on interpersonal skills, counseling in the workplace, and management issues (published by Connaught, Gower, HRD Press, Longman, Macmillan/Pearson Publishing, Oxford University Press) have been translated into Swedish, Polish, and Danish, and published in the UK and the USA. David has a degree in Communication, a postgraduate qualification in education, is certified in a number of training technologies, and has a Masters in Psychology. He is a member of the American Society of Training and Development, Society of Human Resources Professional, Writers Guild and the British Academy of Film and Television. He has dual US/UK citizenship and speaks French and Japanese. Additional Resources covering Career Change can be found at:nnnnWebsite Directory for Career ChangennArticles on Career ChangennProducts for Career ChangennDiscussion BoardnnDavid Couper, the Official Guide To Career Changen.

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