Handling Illegal Questions - By Rochelle Kaplan


Various federal, state, and local laws regulate the questions a prospective employer can ask you, the job candidate. An employer’s questionsâ€â€￾whether on the job application, in the interview, or during the testing processâ€â€￾must be related to the job you’re seeking. For the employer, the focus must be: “What do I need to know to decide whether this person can perform the functions of this job?â€Â￾

If asked an illegal question, you have three options:

* You can answer the questionâ€â€￾you’re free to do so, if you wish. However, if you choose to answer an illegal question, remember that you are giving information that isn’t related to the job; in fact, you might be giving the “wrongâ€Â￾ answer, which could harm your chances of getting the job.
* You can refuse to answer the question, which is well within your rights. Unfortunately, depending on how you phrase your refusal, you run the risk of appearing uncooperative or confrontationalâ€â€￾hardly words an employer would use to describe the “idealâ€Â￾ candidate.
* You can examine the question for its intent and respond with an answer as it might apply to the job. For example, the interviewer asks, “Are you a U.S. citizen?â€Â￾ or “What country are you from?â€Â￾ You’ve been asked an illegal question. You could respond, however, with “I am authorized to work in the United States.â€Â￾ Similarly, let’s say the interviewer asks, “Who is going to take care of your children when you have to travel for the job?â€Â￾ You might answer, “I can meet the travel and work schedule that this job requires.â€Â￾

On the following page are examples of some illegal questions and their legal counterparts.