Navigating inappropriate or illegal interview questions

By Leah Colvin

You have spent months fine-tuning your resume and applying to countless jobs, and have finally landed an in-person interview. After a very long day of answering in-depth questions about your expertise and ability to work on a team, the hiring manager takes you out to dinner so that you can get to know a few of your future colleagues. Your conversation is going well, when one of your interviewers asks you, “So, tell me about your family – do you have any kids?” You have just been asked an illegal interview question.

What are illegal interview questions?

In the United States, federal, state and local regulations prevent employment discrimination based on protected class status including race, gender, sex (including gender identity), sexual orientation, national origin, citizenship, age, marital status, pregnancy status, disability, arrest record, military discharge status, or religion¹.

While interview questions directly addressing protected class status are illegal, questions addressing whether a potential hire can perform the job duties are allowable. For instance, “are you a U.S. citizen?” is an illegal interview question; however, “are you authorized to work in the U.S.?” is not.

What do I do if I am asked an illegal interview question?

According to a 2015 study by CareerBuilder, up to 20% of hiring managers have asked such a question in a job interview². In some cases, the interviewer may not be aware that s/he is asking an illegal question; in other cases, the interviewer may be engaging in discriminatory hiring practices. At the recent Negotiations Workshop, Leeds School of Business Instructor Antonio Papuzza emphasized answering “the question behind the question” in an interview; that is, determining what the interviewer truly wants to know, and speaking to that. In the case of illegal interview questions, it is worth asking yourself whether the hiring manager is trying to make friendly conversation, determine whether you are able to perform the job duties, or evaluate how committed you are to the job.

Another consideration when answering such questions which are, by nature, intensely personal, is your comfort level in revealing your authentic self to your potential future supervisor and colleagues. You may feel that such information is private, and not wish to disclose it. On the other hand, you may feel that if such information will be used against you, this particular work group is not a good fit for you. It is worthwhile to think about how open you would like to be during interviews³. Once you have established “the question behind the question” and your level of comfort with opening up, you can decide on your approach to answering the question.

If you have a high level of comfort with revealing a particular piece of personal information and you feel that the question was asked in good faith, you may wish to answer it fully. Perhaps your future colleague asking about your kids followed up with, “because, let me tell you, this district has excellent schools; my kids love it here!” Some interviewees would be comfortable talking about their families in this situation; however, it is worth noting that the perspectives of all interviewers present should be considered, not just the person asking the question.

In some cases, the interviewer is clearly engaging in discriminatory hiring practices. In this event, it is worth exploring whether this is an employer that you wish to work for, and tailor your answers accordingly. Most of the time, however, the interviewer’s intent and your personal comfort level lie somewhere in a grey area between collegial and improper, if not illegal. These cases require a careful, non-confrontational approach that protects your privacy. Options for answering such questions include: addressing the job duties, specifically, without addressing illegal components of the question; deflecting your answer (this works particularly well in more social settings); or tactfully asking the interviewer why the inquiry is important for the position^4,5.

Using myself as an example, I sought the advice of an experienced professor on how to answer questions about my marital and family status when I was searching for a postdoctoral position. I was advised to say, “that’s none of your business,” which would almost certainly have ended my candidacy for a job. However, there is a balance to be struck between being assertive and confrontational, particularly if the interview represents an opportunity that you wish to pursue. A more diplomatic alternative would be, “I like to keep my personal and professional lives separate, and do not allow my personal life to affect my work life.” In my case, I was asked whether my last name was my family name or my husband’s at a casual dinner during an on-campus interview in a clear attempt to determine my marital status – and I answered by talking about the Welsh origin of my surname. Ultimately, however, the question represented a breach of trust for me, and helped me to decide that this group was not a good fit.

The key to handling difficult interview questions deftly is preparation. Take time to write down some questions that you think might arise, ask yourself about your own comfort level in answering them, then use the articles cited here to draft and practice your responses. This groundwork will give you a level of ease and comfort in navigating difficult questions and acing your interview.

¹Prohibited Employment Policies/Practices, U.S. Equal Employment Opportunity Commission

²Are You Asking Candidates These Illegal Job Interview Questions? Business News Daily

³Full Disclosure Not Required, Inside Higher Ed

⁴What to say when a hiring manager asks, 'Do you have any kids?' during a job interview, Business Insider

⁵5 Illegal Interview Questions and How to Dodge Them, Forbes