…and Illegal Interview Questions
Be aware that there are a number of questions an interviewer should not ask you during a job interview, and that you should not answer. They include questions designed to elicit information as to race, color, ancestry, age, sex, religion, and disability, arrest and court records. The only exception is when a question is based upon a bona fide occupational qualification.
For instance if the employer is a government contractor and the position requires security clearance, the interviewer can ask: If security clearance is necessary, can this be achieved? They cannot ask:”Have you ever been arrested, convicted, or spent time in jail prior to employment?”
All questions an interviewer asks you should focus on your qualification for the job.
However, the person doing the interview, unless a human resources specialist, may not always know what is legal (or may forget in the midst of an energized interview) and what is not.As a savvy job applicant, you should take it upon yourself to learn the basics about what can and cannot be asked. You do have the right to withhold information unrelated to the job during an interview. However, most research has shown that if you just refuse to answer such questions that refusal may be seen in a negative manner and hurt your chances of being chosen for a job.
There is an answer to this problem, however. Become familiar with the legal and illegal interview questions listed below. Determine how best to respond to them. If you find that you are uncomfortable answering any other them, compose an answer now, before the interview. Answer it in a way won’t offend or mislead the interviewer while at the same time maintaining your privacy.
Legal Questions that can be asked during an interview
These questions are generally easy to answer. In fact most of this information should come directly from your targeted resume.
What’s your education level?
What experience qualifies you for this job?
Do you have licenses and certifications necessary for this job?
Are you willing to travel?
What name(s) are your work records under?
Do you have the legal right to work in the United States?
Are you available for overtime?
There is also some information that can legally be requested after you’ve been hired. You should be ready to submit this information when requested:
copy of your birth certificate
Affirmative action statistics
Whether you’re married or single
Proof of citizenship
Photographs
Physical examination and drug testing
Social Security number
Illegal questions that an interviewer should not ask you during an interview
Here are a few illegal questions with rephrased questions (making them legal) that will provide the interviewer with the information he or she actually needs and still provides you with the privacy you deserve. These include what they cannot ask and what they can ask. You need to prepare your responses in advance, so that there is no hesitation on your part in providing this informationThey include:
Can’t ask: What’s your national origin? or Are you a U.S. citizen? Can ask: Are you authorized to work in the U.S.?
Can’t ask: What’s your marital status? Can ask: Would you be willing to relocate if necessary?
Can’t ask: What’s your maiden name? Can ask: Have you worked or earned a degree under another name?
Can’t Ask: What’s your date of birth or age? Can ask: Are you over the age of 18?
Can’t ask: What’s your sexual orientation? Period.
Can’t ask: What church do you attend? Can ask: What days are you available to work?
Can’t ask: How tall are you? How heavy are you? Can ask: Are you able to reach items on a shelf that's five feet tall? Are you able to lift boxes weighing up to 50 pounds?
Can’t ask: Do you smoke or drink? Can ask: Have you ever in the past been disciplined for violating company policies forbidding the use of alcohol or tobacco products?
Can’t ask: How many sick days did you take last year? or How many days were you absent from work because of illness last year? Can ask: How many days of work did you miss last year?
Can’t ask: What are the nature and or severity of your disabilities? Can ask: Are you able to carry out the necessary job assignments and perform them well and safely?
Can’t ask: Have you ever been treated by a psychiatrist or psychologist? If so, for what condition? or Is there any health-related reason that you may not be able to perform the job for which you are applying? Can ask: Are you able to perform the essential functions of this job with or without reasonable accommodations?
Can’t ask: Do you use drugs? Can ask: Do you use illegal drugs?
As mentioned earlier, you have a right to privacy when it comes to personal information, especially when it has nothing to do with the job you’re interested in. All questions an interviewer asks you should focus on your qualifications for the job. The above can’s and can not’s are simply designed to help you develop responses to those questions. The interviewer will appreciate this and see you in a more positive light…as the professional you are.