MSU Tex CG Digital DM Accessible - Flipbook - Page 47
THE INTERVIEW
HOW TO HANDLE ILLEGAL INTERVIEW QUESTIONS
On the surface, they seem innocent enough. And most of the time, they are truly asked in innocence. Yet the
structure and format of the question may be entirely illegal. So you’ve just been hit with an illegal question.
What do you do? How do you respond?
In our politically correct society, we are often ready to cry “foul” at the slightest deviation from the accepted
norm. But the reality is that most illegal interview questions are asked in true innocence. Or, better stated, in
true ignorance. Ignorance of the law, ignorance of what questions are proper, ignorance of how the information
could be used by others in a discriminatory way.
Ironically, most illegal questions are asked when the untrained interviewer is trying to be friendlier and asks a
seemingly innocent question about your personal life or family background. Therefore, any attempt by the
candidate to “assert their constitutional rights” will merely throw up the defense shields and put an end to
mutual consideration. Warning lights go on, sirens sound, and the interviewer begins backing down from what
may have been an otherwise very encouraging position.
So, what is the proper response? The answer is up to you, but we recommend following one of the following
courses of action:
• Answer in brief and move on to a new topic area, or
• Ignore the question altogether and redirect the discussion toward a new topic area.
The interviewer may even recognize the personal misstep and appreciate your willingness to put it aside and
move on.
Unless the question is blatant - and yes, blatant discrimination does still take place - your best option is to move
on to other things. However, if it is blatant and offensive, you have every right to terminate the interview and
walk out.
While laws vary from state to state, there are some definite taboo areas with regard to interview questions that
employers should be avoiding. Below are some of the basic subject areas and questions that, if asked during the
course of the interview, might be viewed as illegal questions being asked with the intention to discriminate:
• Questions related to location of birthplace, nationality, ancestry, or descent of applicant, applicant’s spouse or
parents. (Example: Pasquale - Is that a Spanish name?)
• Questions related to your sex or marital status. (Example: Is that your maiden name?)
• Questions related to your race or color. (Example: Are you considered to be part of a minority group?)
• Questions related to religion or religious days observed. (Example: Does your religion prevent you from
working weekends or holidays?)
• Questions related to health or medical history. (Example: Do you have any pre-existing conditions?)
Interview Preparation Thoughts from a Local Human Resources Supervisor
“...questions deemed ”Unacceptable” (or illegal) would present major concerns with the culture of a workplace, if asked
during an interview.”
“I strongly recommend that [job seekers] prepare scenarios in which they can recall exact dates, situations, and
participants in which they presented exemplary performance. These ‘gold star’ moments generally provide behavioral
examples of what most interview questions are searching for. Having several (7-10) good stories of different challenges,
unique situations, or significant triumphs would allow the interview to remain fluid and conversational without the
answers sounding pre-programmed and stiff. The candidate should also do thorough research of the employer before
going to the interview, and have at least a few questions of their own to ask about the organization at the end of the
interview process.”
On dressing for an interview: “...applicants should focus on keeping their appearance from distracting the interviewer
from what they say; bright colors, busy prints, body art, hair, odor/strong perfumes are often sources of distraction. This
isn’t to say that the candidate cannot express themselves how they normally would, but everything should be as neat and
well presented as possible. Candidates should also be aware that hair styles traditionally associated with ethnicity or
culture (braids, locks, twists, etc.) are now protected by the C.R.O.W.N. Act.”
Brian Lester, HR Supervisor with the City of Wichita Falls
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