October 2004

Illegal Questions In An Interview

Have you ever been asked illegal questions during the process of interviewing? Questions that focus on race, color, religion, sex, national origin, age (40+), sexual preference, health or disability are illegal to ask under the United States employment laws.

If you have encountered an illegal question during the interview process, you are not alone. Unfortunately, even unskilled interviewers can present a legal risk to their company.

What strategy should you adopt to handle such an awkward moment while interviewing? It may not be effective for you to tell an interviewer that he or she is breaking the law by pointing out that the question is illegal. Rather, responding professionally is key to your success at this high-stakes moment.

Every question provides you with an opportunity to discuss the abilities and skills that you will bring to an organization. Illegal questions also provide an opportunity for a more skillful, controlled response. Some advice:

1. Remain calm and be positive.

2. Deal with the concern behind the question. Not sure? Let the interviewer know that you did not quite understand the question and ask him/her to rephrase it. Ask how this information is important to the job or what prompted this particular question.

3. Express your focus on your career and your job performance.

This is how it might sound:

Interviewer: "How does your family deal with a high-pressure job and the demands of work?"

Your response could be: "I'm fully committed to delivering the highest level of work in my job performance. I have a strong support system. Could you rephrase or elaborate on the question if you need additional information?"

Do you have interviewing concerns and would like to be coached for a high-stakes interview? Contact Julie Swaner, Alumni Career Counselor, for expertise and assistance, 585-5036.

This article is does not constitute legal advice. For current information on employment law, go to the U.S. Equal Employment Opportunity Commission (EEOC) web site, www.eeoc.gov.

U-News & Views © 2004 - An online publication
by the University of Utah Alumni Association
Questions? Concerns? Contact Linda Marion, editor
(801-587-7837)