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So you were asked an illegal question in an interview, now what?

(BUSINESS NEWS) Interviews are nerve racking enough without having to wonder if your potential employer is playing by the rules. Be aware of these tips in case you find they aren’t.

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Interviews are universally nerve-wracking. You’ve got the resume, the references, the outfit – but you never know what your interviewer(s) are going to throw at you.

You expect questions relating to your skills and your ability to do the job, but sometimes a question comes out of left field and you’ve got to scramble for a coherent answer.

“If you were a pizza delivery man, how would you benefit from scissors,” asks Apple. And Gallup wants to know, “What was the last gift you gave someone?”

Well, when I ordered a pizza last night, I tipped the delivery person with scissors . . .

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Unfortunately, some questions that seem just wacky, or harmless and friendly, are not just inappropriate to ask in an interview, but are actually illegal.

Illegal questions are generally those that request information irrelevant to the job description. Here are the most common categories of illegal questions, shared across all states:

  • Race
  • Color
  • Sex/Gender/Orientation
  • Military discharge
  • Religion
  • National origin
  • Birthplace
  • Age
  • Disability/Health status
  • Marital/family status

Any of this personal information could be used, intentionally or not, to discriminate against them. A direct inquiry regarding any of these topics is obviously off-limits, but sometimes the question might come from a tricky angle.

“When did you graduate college?” = “How old are you?”

With this information, employers could decide you’re too young or old for the role, no matter how qualified you may be.

“Orizaga is an interesting surname – is it Spanish?” = “Are you Hispanic?” A biased interviewer could use this information to determine that you are or aren’t a “good fit.” Similarly, “Is English your native language?” = “Are you from an English-speaking country or not?”

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“Is that your maiden name?” = “Are you married?” And so on.

These questions are often asked innocently, by untrained interviewers looking to make conversation. Nonetheless, you don’t have to answer them, and your best bet is to tactfully avoid the question without demanding your constitutional rights in the middle of the interview.

Tone is everything, but if you respond to an illegal question with something along the lines of, “Is that relevant to this role?” in a calm, mild voice, most interviewers will take the hint and move on.

If the situation allows for it, you can keep your answer nice and vague without avoiding the question.

For example, if you’re asked about your college graduation date, you could say, “It’s been a while, but I still view college as one of the best experiences of my life.”

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It’s important to note that asking an illegal question is not equivalent to committing a crime. The information must be used in a discriminatory manner, as determined by a court.

If you believe that an act of discrimination has been committed, you should contact a labor attorney, or file a charge with your local Equal Employment Opportunity Commission (EEOC) office. Then, order yourself a pizza and ask the delivery person about their scissors.

Written By

Staff Writer, Natalie Bradford earned her B.A. in English from Cornell University and spends a lot of time convincing herself not to bake MORE brownies. She enjoys cats, cocktails, and good films - preferably together. She is currently working on a collection of short stories.

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  1. Pingback: Interview escape plan 101: Because apparently you need one

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