Illegal Interview Questions	
Illegal Interview Questions (page 1 of 2)	
Federal and states governments have passed laws describing 
which interview questions are illegal to ask job applicants.  
Interviewers may not ask questions about the following 
topics: race, nationality, marital status, ages of children, 
pregnancy status, religion, age, sexual orientation, gender identity, 
military service, criminal background, health, and disability.  
Some interview questions that are illegal — may be asked because 
of  the job opening.  For example, job seekers for law enforcement jobs 
may be asked interview questions 
about criminal background.  Job seekers for truck driver jobs may be asked interview questions ab
out 
driving record.  Job seekers for nurse or teacher jobs may be required to  pass a health exam before a job 
offer can be made.   What can you do when asked an illegal interview questions?
Option #1:  Answer the Question.  Evaluate the situation.  Is the interviewer trying to 
connect with you and not aware that the question is illegal?  Does the q
uestion seem 
harmless?  Or, does the interviewer have a goal of discrimination?  If question is ac
ceptable 
to you, answer the question, and quickly move to the next question.   If the interviewer asks several illegal 
interview questions, you may decide to refuse any job offer because the company would not be a good 
place to work due to the employer's attitude towards workers.  
Option #2:  Decline to Answer the Question.  You may decline to answer the question by 
saying, "I do not believe that the question is appropriate for the posit
ion," or "I do not feel 
comfortable answering that question."  Or pleasantly say, "I have never been asked that question before.  
How does that question relate to the job opening?"  You should not say: "That is an illegal job interview 
question, and I will not answer it."  Directness will show that you are 
aware of your rights, BUT it will not 
get you the job offer since the interviewer will be embarrassed and end the interview as q
uickly as possible. 
Option #3:  Avoid the Question.  You may say an answer that gives the interviewer information about 
the question without answering the illegal part of the question.  To do this:  FIRST, you will need to 
think about "why" the interviewer is asking the question; SECOND, then a
nswer the "why" with an good 
statement.  Here are some tips on how to avoid, yet answer illegal job i
nterview questions. 
•  Interviewer illegally says    — "Are you a U.S. citizen?  You sound like you have an accent.  
Were you born here?"   Good answer from Mr. Sanchez — (while looking pleasant), "I am 
authorized to work in the United States."
•  Interviewer illegally says,  "Do you have any children," or "Do you have a picture of your 
family?"  
Good answer — "I prefer to keep my private life and work life separate.  I am
 a reliable worker.  I can 
meet the work schedule that this job requires."
•  Interviewer illegally says,  "What is your religion?  Do you practice your religion?"   Good answer —  
"I like to keep my religious views separate from work, and I respect 
that right for others. "

College & Career Publishing.  Permission to use with usworkworld.com subscription.  	Illegal Interview Questions (page 2 of 2)	
QUICK CHECK:
1. List 5 of the 11 topics about which interviews 
may not ask questions.
2.  What interview questions may job seekers for 
law enforcement jobs be asked?  b) Truck 
  drivers?  c) What may nurses be asked to do?  
3.  Option #1:  a) What may you do if the question 
is acceptable to you?  b) What may you decide 
if the interviewer asks several illegal interview 
questions?  c) Because why?
4.  Option #2:  a) Give an example of what you 
may say to politely decline the question.         
  b) What should you not say?  c) Why?
5.  Option #3:  a) What may you say?  b) Write 
down what you do FIRST and SECOND. 
6.  What did Mr. Sanchez say to answer the illegal 
  interview question?
7.  When asked for a picture, what did the           
job seeker prefer to keep separate?
8.  What may the interviewer ask in an attempt to 
find out if you belong to "radical" groups?
9.  What may you say to the question, "How much 
do you weigh?"
10.  Why do you think an interviewer would ask if 
an applicant plans to have children?
11.  What may a job seeker say to the questions: 
   a) "Have you been arrested for other than 
minor traffic violation?"  b) "Do you own your 
home?"  c) "Tell me your health history"?  
  d) "How old are you?"
12.  When you become a manager who interviews 
job seekers, why is it a good idea to write down 
interview questions you will ask  before the 
interviews starts?
13.  List 5 questions you, as a manager, would ask to 
interview job seekers for retail sales job.
• 
Interviewer illegally says,  "What clubs do you belong to?"   Good 
answer — "I do not belong to any club related to this industry, but I 
am happy to join a club related to the job."  (This is  attempt to find 
out if you belong to group that interview may view as "radical")
•  Interviewer illegally says,  "Are you disabled?  What is your     
handicap?’  Good answer — "I am able to perform tasks required 
for this job.  I can take employment tests required for the job." 
•  Interviewer  illegally says,  "How much do you weigh?"   Good 
answer — "I am in good health and able to perform the duties this 
job requires."
•  Interviewer illegally says,  "Do you plan to have children?"   Good 
answer — "I plan to work full time to build a career whether or not 
I decide to raise a family."
•  Interviewer illegally says,  "Have you ever been arrested for other than traffic violation?"   Good        
answer — "I have not done anything that would give your company concern that
 I would violate the 
trust that the job requires." OR "I have not been convicted of any crime
."
•  Interviewer illegally says,  "Do you own your home, rent an apartment, or live with your parents?"  
Good answer —  "I live in a place that would allow me to meet the  demands of th
e job."  (Or "I'm not 
sure how this question relates to the job.  Can you explain?")
•  Interviewer illegally says,  "Tell me your health history."  Good answer — "I will be happy to take an 
exam by your company doctor to make sure I am able to perform the job." 
 
•  Interviewer illegally says,  "Does your spouse work?  What is your spouse's name?"  Good answer — 
"My family supports my getting a job and working here."
•  Interviewer illegally says,  "How old are you?"  "What is your birth date?"   Good       
answer — "I meet the age requirement for the job opening."