Navigating the job interview process can be a nerve-wracking experience, and it becomes even more challenging when faced with illegal job interview questions. While strict laws govern what employers can and cannot ask, illegal interview questions persist due to intentional bias or a lack of proper training.
Leigh Henderson, a 43-year-old HR expert and CEO of HRManifesto in San Antonio, shares insights on this issue. She has drawn wisdom from her two decades of HR experience and her growing online community. Here’s what you need to know about five common illegal interview questions and how to handle them effectively.
1. What’s Your Age?
Asking about age in a job interview is a direct violation of employment law. Yet, questions like “How old are you?” or “What year were you born?” still crop up, often masked as concerns about experience or cultural fit. Younger candidates might hear comments such as, “Are you even old enough to work?” These questions can carry a tone of belittlement and imply inexperience. Older candidates, on the other hand, might face assumptions about their ability to adapt to a fast-paced environment or keep up with technological advancements.
Instead of addressing your age directly, Leigh Henderson suggests redirecting the focus: “I prefer to focus on my qualifications and the value I bring to this role. I have X years of experience directly related to this position, including [specific skills or achievements].”
2. Are You Married? One Sometimes Difficult to Navigate Illegal Job Interview Question
Questions about marital status are not only intrusive but also illegal. Employers may harbor biases that a married candidate is either too settled to prioritize work or overly distracted by personal life obligations like weddings, honeymoons, or family planning.
If faced with this question, maintain professionalism while setting boundaries. A simple response like, “I prefer to keep my personal life private, but I’m excited to discuss how my skills align with this role,” keeps the focus on your qualifications and steers the conversation back to professional territory.
Read More: Australian Company Offers Employees 4 Day Workweek
3. Do You Have Kids?
Personal questions about family status can be especially challenging because they strike at the heart of work-life balance assumptions. Employers might wrongly associate having children with potential absenteeism or divided attention. Leigh Henderson recalls her own experience of being asked, “Do you have kids?” during an interview.
To avoid falling into this trap, she advises pivoting to your commitment to the role: “I’m deeply invested in contributing to your team and would love to discuss how my expertise can drive results for the company.” By emphasizing your dedication to the job, you effectively counter any concerns the interviewer might have about outside commitments.
4. Where Are You From?
While casual small talk is common in interviews, questions like “Where are you from?” or “What language do you speak at home?” cross a legal line when they touch on ethnicity, national origin, or cultural background. Such questions can be tricky because they often come across as conversational rather than intrusive. Nevertheless, it’s essential to redirect the discussion to your professional qualifications.
Leigh suggests saying something like: “I’m excited about this opportunity and would love to focus on my professional background, which includes [relevant experience].” This response keeps the conversation neutral and steers clear of unnecessary personal disclosures.
5. What’s Your Religion?
Religion is another protected category that should never be broached in a job interview. Employers asking, “Do you go to church?” or inquiring about religious practices tread into dangerous territory.
Candidates can navigate this with grace by redirecting the question back to the logistics of the role. For instance, if an interviewer asks about religious holidays, respond with, “Could you clarify the company’s policies on holidays? I’m flexible and eager to align with the team’s needs.”
How to Handle Persistent Illegal Questions
When faced with inappropriate or illegal questions, staying calm and professional is key. Leigh emphasizes the importance of documenting such incidents if the questions persist or feel discriminatory. In extreme cases, consider reporting the behavior to HR, escalating it within the company, or filing a complaint with the Equal Employment Opportunity Commission (EEOC).
“The bottom line is your skills, experience, and qualifications matter. Not personal details that have no bearing on your ability to do the job,” Leigh concludes. By staying informed and prepared, candidates can confidently navigate tricky interview situations while protecting their rights.
Read More: Woman has one question she asks at every interview, which always gets her the job