What Questions Are Illegal in US Job Interviews?

What Questions Are Forbidden in US Job Interviews?

Story Introduction

Let us assume a hypothetical scenario information to understand this concept better. With a well-crafted resume, a practiced elevator speech and a clear understanding of the company’s background, Lisa is confident that she can nail the interview. But sitting across the table from the hiring manager in a well-lit conference room, Lisa is thrown when the discussion abruptly shifts.

The interviewer leans forward and asks, “So do you plan to start a family any time soon?” Lisa has an immediate physical discomfort. She had practiced the questions about her skills and experiences, not the personal one that feels more like an invasive inquiry than a professional qualification. And suddenly her confidence shakes a little, and she asks herself is this question even proper, let alone legal?

Context in the Real World & Personal Relevance

Understanding what is a legal question when it comes to a job interview is important to job seekers and to employers. Illegal interview questions can arise in different ways and formats, sometimes leaving candidates wide-eyed with surprise. These questions may also stem from ignorance, or the desire to gather information that may yield a hiring advantage.

For numerous candidates like Lisa, this can lead to queries about their private life, age or in some instances their health history. Such questions can be intrusive and anxiety provoking, especially when the stakes of getting a job are so high. Many professionals look back at some of their interviews, and wonder how they should have answered questions without compromising their eligibility for the position.

Not only do illegal questions place candidates in awkward situations, but they also stress the need to know your rights during an interview. Being prepared to acknowledge and respond properly to these questions can help candidates take charge of the dialogue and come across as professional.

Key Insights & Practical Insights

In the U.S., there are laws about what employers can legally ask during job interviews. These laws are there to protect against discrimination and to make sure that hiring is conducted fairly. Here are a few typical illegal interview questions:

• Marital status and family plans: Questions about marital status, children or plans to start a family are prohibited.
• Age: Questions that ask directly about a candidate’s age or are otherwise age-biased, like “What year did you graduate?”
• Religion or Beliefs: Inquiries regarding religious beliefs, holidays celebrated or religious subscriptions are not allowed.
• Health and Disabilities: Employers are not allowed to inquire about a candidate’s health status or disabilities unless it is essential to doing the job.
• Nationality and Citizenship: Employers may ask whether a candidate has the legal right to work in the United States, but not about a candidate’s nationality or place of birth.

It is important to know why these restrictions are important.

These policies exist to make certain that hiring decisions are made free from bias and with consideration solely of qualifications and experience. If confronted by an illegal question, candidates can diplomatically redirect the conversation toward their skills and qualifications. If asked about family plans, for example, a candidate might respond, “I am fully committed to advancing my career and contributing to the success of your team.”

Success or “A-ha” Moment

Back to Lisa’s story, the unexpected question about her family plans could have easily derailed her interview. But Lisa recalled reading the importance of professionalism and redirecting the conversation. So she calmly replied, “I’m very committed to my career and thrilled at the prospect of having all I can offer with your team.”

They seemed satisfied with her answer, and their conversatoion returned to her list of professional accomplishments. Not risking any boundaries, Lisa calmly cranked the focus back toward the subject matter and avoided the stressful interview. This helped her land a job interview, impress the hiring manager and, eventually, get hired.

This was a major learning experience for Lisa — highlighting the need for awareness around legal interviewing practices. The new knowledge didn’t just help her land the job, it also gave her the confidence to advocate for herself in future professional situations.

Career & Interview Insights

Job applicants who will use law knowledge in their interviews will have a notable competitive edge. Here are some ideas about how to deal with difficult questions as opportunities:

• Preparation: Learn about typical illegal questions you might be asked and how to respond to them by steering your answer towards your qualifications.
• Professionalism: Remain calm and collected, even when faced with an awkward question.
• Redirection: Use bridging statements to redirect the conversation to your skills, like “What I can bring to your team is…”
• Clarification: If you’re not sure a question is legal, it’s fine to ask for clarification or to politely decline to answer.

During interviews, it is more important to come up with sufficient examples to demonstrate your competency of handling challenging situations in a professional way. For example, in response to inappropriate question, you could tell the interviewer what you did in an analogous scenario in the past and the positive outcome that you worked towards while emphasizing positive skills.

These are just a few struggles Lisa faced in the interviewing process that could have been avoided if she were informed in advance of how the structure of the interview would be — as an effort to navigate this landmine. Lisa’s story highlights the need to be savvy about legal interview practices. Candidates should know what questions are not permissible and how to stand up for themselves professionally. Such actions would not only safeguard candidates but also inform a more just hiring.

Ever been asked an illegal question in an interview? How did you handle it? Please share your experiences in the comments below. If you are looking for more information on how to get through job interviews and other career development advice; check out OfferGenie.

Interested in using the interview tactics you know to get further in your career? Contact OfferGenie or comment below!