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Handling Illegal
Interview Questions
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.
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."
Heidi M. Allison is the
Managing Director of Allisontaylor.com (an
Allison & Taylor Company), the nation's oldest professional
employment verification and reference checking firm. Please visit their
site at www.Allisontaylor.com. or call 800 890-5645 to learn
more about
this valuable service.
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