Responding To Illegal Interview Questions

SEAS Career Services

Table of Contents
● What are Illegal Interview Questions?
● General Tips on Responding to Illegal Interview Questions
● Types of Illegal Interview Questions

What are Illegal Interview Questions?

Illegal interview questions are the questions that potential employers are legally not allowed to ask
interviewees, as outlined by the US EEOC (Equal Employment Opportunity Commission). These
questions are barred as they can be used to discriminate against candidates during the hiring process.

General Tips on Responding to Illegal Interview Questions

● Decide if you want to answer! You are not obligated to respond to illegal interview questions. If a
question makes you uncomfortable, you are allowed to express your concern.
● Think about the intentions of the question. Ask yourself whether the interviewer is making small
talk and unintentionally asked an intrusive question, or if there could be any malicious intent
behind the question. Remember: either way, it is your decision whether or not you choose to
answer.
● If you do choose to answer, responding with another question is a great way to redirect the
conversation. Or, provide an answer that addresses the interviewer’s underlying concern and
then gracefully steer the conversation back towards your personal strengths.
● Feel free to write down the question and keep a record of it. If you feel there was a clear intent to
discriminate against candidates, you can file a complaint with the Equal Employment Opportunity
Commission.

Types of Illegal Interview Questions

Personal Life/Family Status

● Can Ask:
○ What is your availability for work?
○ Are there any responsibilities outside of work that will interfere with job performance
and/or specific requirements of the job, such as traveling?
● Cannot Ask:
○ What is your marital status? / Are you engaged?
○ Are you pregnant or do you plan to have children?
● Sample Responses:
○ “I’m not ready for that yet. I am interested in the opportunities for career growth within the
company though. Could you tell me more about that?”
○ “From what I’ve heard, this is a very family-friendly work environment and I am sure the
company would be a great fit for me, but I actually am more interested in hearing about
the position’s responsibilities.”
 ○ “I don’t let my personal commitments and work commitments overlap, if that’s what you
are asking about.”

Citizenship
● Can Ask:
○ Are you a U.S. citizen? (Note: Employers can only require proof of citizenship after hiring)
○ Are you legally authorized to work in the United States?
● Cannot Ask:
○ What type of accent is that? / Where did you grow up?
○ What kind of visa do you have? / How long have you been a citizen of the United States?
● Sample Responses:
○ “I’ve lived in a few different places, but I am legally authorized to work in the US.”
○ “I moved around a little growing up, but I love living in Michigan now. We have the most
beautiful autumns here, don’t you think?”
○ “My accent has no bearing on my English or my ability to complete the expectations of
this position.”

Age
● Can Ask:
○ Are you legally authorized to work in the United States?
○ If hired, can you provide proof that you are over the age of 18 years old?
○ Are you legally authorized to work with… handling alcoholic beverages?
● Cannot Ask:
○ How old are you? / What is your date of birth? / When were you born?
○ What year did you graduate from high school/college?
● Sample Responses:
○ “I am legally able to work in this environment and fulfill any expectations of the position if
that is what you are asking.”
○ “I am confident my age will not impact my job performance. For instance, just this last
year I learned a new computer program within a week for a project I was working on. I
stay up-to-date with developing research and am motivated to continuously grow in my
professional development. “
○ “You know, it’s been a little while since I’ve graduated now. I still think college was one of
the best experiences of my life.”

Disability
● Can Ask:
○ Can you perform all of the duties of the job?
○ This job requires employees to be able to lift up to 50 lbs and be able to stand for up to 3
hours. Can you perform these expectations, with or without accommodations?
● Cannot Ask:
○ Do you have any disabilities? / Are you disabled?
○ Have you ever filed a claim for worker’s compensation? /Have you ever experienced a
workplace injury?
● Sample Responses:
○ “I am confident that I am fully capable of performing the expectations of the job.”

Gender Identity and Sexual Orientation

● Can Ask:
○ What’s your gender? (Only in the rare cases when sex is a bona fide occupational
qualification proven requirement for the job; for instance, a manufacturer of women’s
clothing can require only female models to model clothing for its intended use)
 ● Cannot Ask:
○ What’s your gender? / What’s your sex? / Are you male or female?
○ What’s your sexual orientation?
○ Have you had transition surgery or treatments?
● Sample Responses:
○ “You know, while it’s inappropriate to inquire about my gender/sexual orientation, I am
confident in my identity and know that I am successful in working with diverse groups of
people.”

Religion
● Can Ask:
○ What is your availability? / Are you available to work weekends? (To determine if religious
beliefs/services interfere with weekend availability, for instance)
● Cannot Ask:
○ Are you religious? / What are your religious beliefs? / What’s your denomination?
○ What sort of holidays do you celebrate?
○ What church do you attend?
● Sample Responses:
○ “Although I’m not comfortable discussing my religious beliefs, I am confident that I have
the availability to match the scheduling of the position.”

Background/Credit Check
● Can Ask:
○ Are you aware that the company requires background checks to be completed for all new
employees?
○ Have you ever been convicted of a crime? If so when, where, and what was the
disposition of the case?
● Cannot Ask:
○ Do you have a bank account?
○ Have your wages been garnished? / Have you ever declared bankruptcy?
○ Have you ever been arrested?
● Sample Responses:
○ “I know the company requires background checks for all employees, and I have no
problem with complying with this expectation.”
○ “Nothing in my past impacts my ability to do my job well.”
○ “You know, I don’t think my financial situation has any bearing on my ability to perform
successfully in this role. I would like to instead highlight some of the attributes that I will
be bringing to your team if you don’t mind.”

Race/Ethnicity
● Can Ask:
○ Questions required for affirmative action programs (Note: Affirmative action is banned in
the following states: Michigan, California, Washington, Florida, Nebraska, Arizona, New
Hampshire, Oklahoma, and Idaho)
● Cannot Ask:
○ What’s your race? / What’s your color? / What nationality are you?
○ Is English your first language?
○ What’s your race/ethnicity? (Note: After being hired, employers can ask for affirmative
action plan statistics)
● Sample Responses:
○ “I’m not comfortable answering this question, but I would love to learn more about how
the company promotes diversity, equity, and inclusion within the workplace.”
 ○ “I do speak fluent Spanish, which has been a crucial contribution I have provided for past
employers to expand the reach of the company to more diverse audiences.”

Health/Height/Weight
● Can Ask:
○ Can you do all the expectations outlined in the job description?
● Cannot Ask:
○ How tall are you? / How much do you weigh?
○ What prescriptions do you take? / Do you have a family history of heart attacks/high
blood pressure/etc?
● Sample Responses:
○ “I’m actually not comfortable sharing my personal information/medical history. I am
certain that I will be able to complete all of the physical requirements of the job, though.”

Finances
● Can Ask:
○ Do you have reliable transportation to and from work?
● Cannot Ask:
○ Do you own your own home? / Do you own a car?
○ Are you in debt? / Have you ever declared bankruptcy? / What does your current financial
situation look like?
● Sample Responses:
○ “I’d love to hear a little more about the position before I consider the compensation that I
will be provided.”
○ “I’m not sure this is relevant to my future at this company, but my financial situation does
not affect my job performance.”

References/Relatives
● Can Ask:
○ Are your educational or employment records listed under any other name?
○ Were you referred to this position by a current or former employee?
○ Can you provide the name and contact of references who will be willing to provide
professional or character references for the applicant?
● Cannot Ask:
○ Can you give the names of any relatives who work for our competition?
○ What is your maiden name? / What is your father’s surname?
○ What are the names of your relatives?
● Sample Responses:
○ “Although I can’t provide any family history, I would be glad to provide references that
could speak to my professional performance and character.”

Affiliations
● Can Ask:
○ Are you in any professional associations/organizations?
● Cannot Ask:
○ Can you list the clubs, societies, and lodges you belong to? / Are you in the local country
club? / What fraternity or sorority were you in?
○ Are you a union member?
○ Sample Responses:
○ “I think you might be more interested in hearing about the professional organizations I
have contributed to. I would love to tell you more about my contributions to [professional
organization] in my time as a member there.”