Legal Ways to Answer Illegal Questions

If the hiring manager or recruiter asks you an illegal question, you are not obligated to answer the question. However, you don’t want to say to them, “I refuse to answer that illegal question.” There are “legal ways” to answer illegal questions that a hiring manager or recruiter might ask you during the course of an interview.

First, let’s define illegal questions. Here is a list for you to consider:

1. How old are you?

2. Do you plan to have children?

3. Are you married, divorce or single?

4. What’s your nationality?

5. What’s your sexual orientation?

6. Are you …. (Christian, Jewish, Muslim, etc.)?

7. Do you have any disabilities I should know about?

These questions are illegal. Period. Most organizations know these questions are off limits, but when you add the people factor to the equation, it seems that somehow there are those responsible for evaluating candidates that find them self asking these questions. As a job seeker you are not required to answer them. You also don’t have to be the one to police the behavior of these organizations and their representatives who attempt to delve into these areas in an attempt to uncover information about you that will play into their biases.

Here’s what I recommend to you as a job seeker. First, be prepared for curve balls in the midst of an interview. Some people ask inappropriate and/or illegal questions to see how you’re going to respond. It doesn’t have to unnerve you. Be prepared. Second, it is ok to say, “My sexual orientation does not have anything to do with my qualifications for this position. I am happy to discuss my skills and abilities so that you and I can determine if this is a good fit for you and I.” You can say, “I would prefer not to get into a discussion about my nationality. However, what I bring to the table is the ability to work with diverse groups of people.”

In other words, respond to the question in a professional manner, than divert it back to the conversation at hand, the job you are there interviewing for. Don’t get distracted by their stuff. It doesn’t have to be a show stopper. Now, if an organization insists on pushing the issue with you on one or more of the questions I listed above, now you get to make a decision about whether you really want to invest any more time discussing your qualifications with the individual or the organization. If it appears that the organization is not the place for you. It is ok, to end the interview and politely excuse yourself, thank them for the opportunity to discuss your qualifications and leave. Be professional. And walk away. You don’t have to be the victim of other people’s ignorance.

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