Illegal Questions in a Job Interview
Marilyn Michaels, WBL Coordinator
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Students will be able to recognize illegal job
interview questions.
Students will gain knowledge of proper responses
to illegal/inappropriate interview questions.
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Which of the following questions are illegal to ask
during a job interview?
a) How did you learn about this job?
b) Do you have any physical or mental
disabilities?
c) Have you even been convicted of a felony?
d) Pasquale, is that a Spanish name?
e) Are you taking any prescription drugs?
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
a)
b)
c)
d)
If asked an illegal question, what is the best way to
handle the situation?
Refuse to answer the question.
Answer the question anyway.
Answer the “intent” of the question.
Point out that the question is illegal.
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
a)
b)
c)
d)
Employers sometimes ask illegal/inappropriate
questions because
they are racist.
they aren’t familiar with labor laws.
they want to take advantage of the interviewee’s
lack of experience.
they will do what ever is necessary to learn what
they need to know.
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Illegal Job Interview Questions

Federal and state laws prohibit any question not
related to the job itself such as:
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race
color
religion
ethnic background
birthplace
disability
marital/family status
sexual preferences
age
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Answer the question
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•
Not all employers are familiar with the laws.
Often asked in innocence
Answer the “intent” of the question
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•
Example: If asked if you are a US citizen (illegal)
respond that you are authorized to work in the US.
Be brief.
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Carefully change the topic and avoid the question
• Ignore question and redirect to a new topic area.
Point out that the question is illegal.
• Be tactful and stay calm.
• If interviewer becomes offended, you will not
get the job,
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Refusing to answer a question might cost you the
job.
Do you really want to work in a place that asks
inappropriate/illegal questions?
Volunteer information that an interviewer can’t ask
you.
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Most is not deliberate.
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Consider the intent.
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Court of law will determine discrimination and if a
crime has been committed.
A labor attorney can help you decide if you have
been discriminated against when applying for a
job or while on a job.
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When were you born?
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Of which country are
you a citizen?
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What language did you
speak growing up?
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Have you been
arrested?
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Are you over 18?
Do you have a legal
right to work in the US?
This job requires that
you speak Spanish, do
you?
Have you been
convicted of a felony?
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
Which of the following questions is illegal to ask
during a job interview?
a) How did you learn about this job?
b) Do you have any physical or mental
disabilities?
c) Have you even been convicted of a felony?
d) Pasquale, is that a Spanish name?
e) Are you taking any prescription drugs?
Both b and d are illegal questions
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 If
asked an illegal question, what is the
best way to handle the situation?
Refuse to answer the question.
b) Answer the question anyway.
c) Answer the “intent” of the question.
d) Point out that the question is illegal.
c) Answer the “intent” of the question.
a)
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 Employers
sometimes ask
illegal/inappropriate questions because
a) they are racist.
b) they aren’t familiar with labor laws.
c) they want to take advantage of the
interviewee’s lack of experience.
d) they will do what ever is necessary to
learn what they need to know.
b) they aren’t familiar with labor
laws.
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

Break into groups of three or work individually if
you prefer.
Group will be given three scenarios.
Group will decide:
1) Was the question illegal? If so, could be
rephrased to make it legal?
2) Was the interviewee’s answer appropriate?
How should they have answered?
 Share responses with the class.

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Robert is interviewing for a position as a security
guard with a GUARDIAN SERVICES. During the
course of the interview, he is asked, “Have you
ever been arrested?”
He answers, “When I was younger, I was arrested
for disorderly conduct but was treated as a
youthful offender.”
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MaryAnne enters the room for an interview with
Mr. Johnson, of the law firm, Dewey, Cheatham &
Howe. MaryAnne is inter-viewing for a
paralegal position.
Mr. Johnson says, “Tell me a little about your
personal life.” MaryAnne replies, “I recently
graduated from college and currently live in
Albany. I enjoy travelling, golfing and spending
time with my family.”
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Juan has been granted an interview for a job with
a construction firm as a project manager. While
meeting with Mrs. Harris, the owner, he is
asked the following question:
Mrs. Harris: “What an interesting accent you
have, Juan. Where are you from?”
Juan: “I’m originally from Puerto Rico, but I’ve
been a citizen of the United States since 2002.
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