What to Do When Faced With Illegal Interview Questions

Off-Limits and Unacceptable

Job interviews can be nerve-wracking. The objective of the employer is to find out exactly who you are, what makes you different from other potential candidates, and what you could bring to the company if they were to hire you – as such, they are likely to ask you extremely specific and difficult questions.

However, there are some questions that can be considered inappropriate or even illegal for the interviewer to ask you, especially if these infringe on various aspects of your personal life.

Regardless if they are considered genuine inquiries, “small talk” on the interviewer’s part, or if they’re asked with malicious intent, it has no bearing on the interview process whatsoever, and it only serves to create a deeply uncomfortable situation.

For that reason, you are well within your right to refuse to answer them.

Take note: each country has its own laws and regulations regarding illegal and/or inappropriate questions that interviewers are not allowed to ask during job interviews, so familiarise yourself with these as much as possible.

Watch Out for These Questions

Typically, questions that should never be asked by interviewers centre around the following:

Age

Nothing is more belittling or demotivating than being the victim of ageism. Ageism is when someone discriminates against an individual or group based on their age.

Employers are not legally required to ask about your age. Should they ask you questions regarding your age – eg. “How old are you?”, “What is your birth date?”, “Judging by your appearance, do you have a retirement plan in place?”, etc – then they’re clearly taking your age into your account more than your actual skills, experiences and capabilities.

Family Background

Whether or not you have children, if you’re married, single or divorced, or you’ve had a falling out with your family over a personal matter, these factors have nothing to do with the job you’re applying for.

Employers will claim that they have to know about your family background before hiring you, as they may favour candidates who can devote themselves fully to their work obligations. Nevertheless, your family background should NOT be the deciding factor in hiring you.

Health

“What medical issues do you possess?” and “Could you tell me about your [visible] disability?” are just some of the health-related questions that interviewers could put forward to you, which is a huge no-no.

Firstly, it’s emotionally unsettling to disclose your current health issues and/or disabilities (physical, mental, learning, etc) to strangers in a setting that’s already stressful as is. Secondly, these questions show that employers are potentially discriminatory against non-able-bodied people (especially if they’re unwilling to provide protection for sick and disabled employees or if they view them as major work risks).

Finances

If the interviewer starts asking you about your credit history, if you are currently in debt, if you own or rent personal property, or about how much money you made last year, then you need not answer these questions.

Remember, one’s financial situation is irrelevant to the job position at hand, as it has nothing to do with one’s ability to perform the duties that come with it.

Personal Characteristics

Your ethnicity, sexual orientation, political affiliations and religious beliefs form part of your personality and/or character. Nevertheless, this does not give employers the right to ask you about these, especially if you’re applying for a job.

When interviewing candidates, employers should be fair and unbiased at all times. However, if they start asking questions such as “Which church do you belong to?”, “What are your views on our current government?”, “What ethnicity do you relate to the most?” or “What is your sexual preference?”, then they are most certainly using the incorrect criteria for evaluating a candidate’s suitability for a position.

Criminal History

Regarding questions about one’s (potential) criminal history, laws and regulations differ from country to country, as well as from state to state. Many permit employers to ask if one has been arrested, convicted of any charges, etc, before hiring. In these cases, they may perform a background check on a candidate.

However, others prohibit employers from doing so, as it can lead to discrimination and unfair exclusion of individuals with criminal records.

Impropriety

Questions, comments or demands that are sexual in nature – “Would you like to go out with me?”, “Do you find me attractive?”, “Let’s continue this interview tonight over a romantic dinner”, etc – are unprofessional and a clear overstepping of boundaries.

For candidates, this can create an uncomfortable environment, plus they will feel pressured to acquiesce to the interviewer.

What You Can Do

When faced with any of these questions, candidates may hesitate to leave them unanswered. This is because employers may take this as a sign to not hire them.

To protect yourself from discrimination, you have a few options at your disposal: firstly, you can gently decline to answer the question. If the employer persists in repeating the question, you can ask a question in turn, such as “Why do you ask?” or “Does this have any bearing on the job?”

Changing the subject and circling back to the gist of the interview (ie. discussing your qualifications, asking about the duties attached to the job position, etc) is another technique you can employ.

Whether or not you have been made to answer these questions, you have the right to report the interviewer’s behaviour to the relevant authorities like your lawyer, a trade union representative or the labour court.

Be Safe Out There

Again, job interviews are designed to assess your qualifications and suitability for a position. However, if they do cross ethical and legal boundaries, then it is entirely acceptable to decline answering them. Be sure to familiarise yourself with your country’s laws and regulations beforehand.

Good luck with all your interviews!