In the last post we discussed tips on handling illegal interview questions. 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.
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?
Here are a few examples of casually asked illegal questions and suggested responses:
Q: Does your family mind the travel required for this position?
A: I am accustomed to significant business travel. In fact, I find being on the road invigorating, and my track record has been very consistent under these conditions.
Q: Are you religious? Will your religion prevent you from working extra hours or on weekends when we have a big project?
A: I suppose everyone is religious in their own way. I do not foresee any circumstances that would interfere with the quality or commitment of my performance.
Q: You have a very unusual last name. What is its origin?
A: It really is a mouthful, isn’t it? I’ve always used my first name and last initial in my business e-mail address, as it is easier.
Q: Are you planning a family in the near future?
A: Currently, I am focused on my career and although having a family is always a future possibility, it is not a priority for the foreseeable future.
Q: How many more years do you see yourself in the work force (before retiring)?
A: In today’s world people don’t retire like they used to; some can’t. My career and my need to earn an income are priorities that I do not foresee changing in the near future.
How you choose to handle these types of questions depends on the perceived motivation of the interviewer as well as your desire to have the position. However, no matter how badly you want or need a position, always keep in mind that if a company is capable of asking illegal questions before you are an employee, there is a greater potential for mistreatment after you are hired.
Your best bet is to try and keep the interview focused on the qualifications of the position and your qualifications as a candidate.
Blatant discrimination does take place. If it does and you are offended, you have the right to end the interview immediately (“I don’t think we’re a good match. Thank you for your time.”) More than likely you never wanted to work there in the first place!
So, how did Jim in our example above answer the question? He could have said, “It’s none of your concern,” which likely would have quickly ended a promising interview.
But Jim thought about the underlying intent of the company in asking the question, which was “Will relocating an employee who likely has a family be so troublesome that he/she will be unproductive for months?” Considering that, he might have responded, “My family and I are committed to my career, so relocation is absolutely not a problem.”
But Jim’s family of five was used to moving every several years because of his ascending career, so Jim responded: “I’ve moved my family every three years, and they always consider it a great adventure. I’ve talked to them about the possibility of this move, and they’re very excited.”
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