Jim, 48, is the candidate sitting in an interview, which has been going well. He’s confident that his qualifications match those of the position, and he believes he’ll fit into the corporate culture. As the interview is winding down, the interviewer casually asks: “Will your family mind the relocation from New York to Texas?”
How should Jim answer this question?
There are several questions that employers may not legally ask applicants. Federal law attempts to ensure that candidates are hired on job qualifications and not by prejudicial criteria. Questions structured to obtain information on race, gender, religion, marital status, age, physical and/or mental status, ethnic background, country of origin, sexual preference, or any other discriminatory factor are generally illegal as grounds for making employment decisions.
With few exceptions, these factors contribute nothing to your ability to perform a job, and an employer must substantiate those cases where a direct relationship is thought to exist.
Anything that is not a bona fide occupational qualification may not be covered directly, although the interviewer may seek the information indirectly.
So, how do you handle an illegal interview question?
First it is important to assess the intentions of the interviewer.
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, and 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 friendly and asks a seemingly innocent question about your personal life or family background.
Therefore, any attempt by the candidate to assert his or her constitutional rights will merely throw up the defense shields and put an end to any future consideration for employment. Warning lights go on and the interviewer begins backing down from what otherwise may have been a very encouraging position.
So what is the proper response?
Any response depends on the particular situation and the personalities and motives of those involved, but overall you have three basic options:
(1) Answer truthfully if you feel your response will not hurt you;
(2) Inform the interviewer that the question is illegal and risk offending them and ending your chances for the position;
(3) Base your answer on the requirements of the job and your ability to perform it.
Next time I will show few examples of casually asked illegal questions and suggested responses.
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