How to Deal With an Illegal Job Interview Question

Have you ever been asked a question that you felt uncomfortable with during a job interview? Although many job seekers aren’t aware of this, certain questions are illegal for interviewers to ask because they have the potential to lead to prejudice or discrimination.

For instance, your answer to a question like “Do you have children or plan to?” or “What is your religious affiliation?” might taint an employer’s perception of you, even if it has no real impact on your ability to perform the job.

According to one recent survey, one in five employers has unknowingly asked such a question during a job interview. So what can you do if this happens to you?

Understand what an illegal question looks like

Generally, any question that focuses on your race, gender, age, marital status, country of origin, ethnic background or sexual preferences is illegal.
But there are ways employers could get the same information without crossing any legal boundaries, so it’s important to understand what an illegal question might look like.

A question like “Do you have kids?” for instance, would be considered illegal, but it it’s okay for an employer to ask whether you anticipate any absences from work on a regular basis, whether you can work overtime or whether you would be willing to relocate.

Assess the interviewer’s intentions

Most of the time, employers are unaware that the question they’re asking is illegal, so although you are well within your rights to refuse to answer, it might put you at a disadvantage if the interviewer interprets your reluctance as uncooperativeness.

If it seems like the interviewer genuinely does not realize that a question is inappropriate and you don’t think answering it would adversely affect your chances of getting the job, you may choose to avoid any awkwardness by simply answering the question.

On the other hand, if you feel uncomfortable with the question, you can politely explain that you would prefer not to discuss your private life, but emphasize the fact that nothing will interfere with your ability to do the job.

Address the concern behind the question

When faced with an illegal or inappropriate interview question, it can help to try to understand what the interviewer is really trying to find out.
For instance, if an employer asks you whether you are religious or have kids, the real concern might be that you wouldn’t be available during religious holidays or would be unable to handle the demanding schedule. If you suspect that the question was asked due to an underlying concern about your ability to do the job rather than as a casual conversation starter, you can deflect the question with a positive response that addresses their concerns.

For instance, if asked whether you have kids you could say something like “Yes, I have two kids who are both in school, as well as an excellent after school program,” or if you prefer not to go into too many details you could try something like “My work is very important to me and I never let family life interfere with my performance at work.”

Answer the question with a question

If you can’t figure out what the interviewer might be getting at with a particular question, but don’t want to outright refuse to answer, you can try getting the question rephrased or explained.

A simple question like “Why do you ask” or “Could you help me understand how this relates to the job?” can clue the interviewer in to the fact that you’re uncomfortable with the question and help them rephrase it or explain it more clearly so you understand why they’re asking and how you can address their underlying concerns.

Keep in mind that an interviewer may be simply be inexperienced or nervous, so always try to give them the benefit of the doubt and make an effort to stay positive even if a question catches you off guard.

Marianne Stenger is a writer and journalist with Open Colleges, one of Australia’s leading online education providers. She covers everything from productivity hacks, writing tips and career development to the latest research in education. You can connect with her on Google+ and Twitter, or find her latest articles here.