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Legal and Illegal Interview Questions

A half dozen federal laws protect job applicants from questions that might be used to discriminate against them. Basically, the employer must prove (if challenged) that an interview question is directly related to the duties of the

job for which you are applying.

Listed below are items which can be asked during the interview and items which are illegal to ask. Your job resume and employer application form also need not contain this information. You may, however, voluntarily provide any of the information below.

You may be asked and should answer the questions:

  • Where have you worked before?
  • What duties have you performed on past jobs?
  • What are your short & long-range career goals?
  • Why are you interested in this organization?
  • Tell me about yourself.
  • What education have you completed? (If a certain level is required for the job.)
  • How did you learn about this job?
  • Who are people prepared to write or give references for you?
  • What is your social security number?
  • What is your address and phone number?
  • What special qualifications do you have for this job?
  • May I answer any questions about the job or organization?
  • What are your greatest strengths and greatest weaknesses?
  • Why does this job interest you?
  • Why did you select this particular career?
  • Are you willing to travel, to relocate?
  • What job skills do you have? (When specific skills are needed.)
  • Do you have a license for the field? (If required.)

Note that questions of this type focus on the job, your specific qualifications for it, and your career goals.

You may be asked and need not answer these questions:

  • Are you married ?
  • With whom do you live?
  • If married, are you expecting to have children soon?
  • What does your spouse do?
  • Were your parents born in this country?
  • How old are you? (But, may ask if you are legally old enough to work.)
  • Have you ever filed for bankruptcy?
  • Where do you bank?
  • Have you ever been arrested? (But, you may be asked to provide information on criminal convictions.)
  • How tall are you ?
  • How much do you weigh? (But, may be asked about height and weight if they are necessary for the performance of the job.)
  • How many children do you have?
  • If you have children, what kinds of day care arrangements have you made?
  • What memberships do you hold in social, religious, and community groups?
  • What is your military service status?
  • If a veteran, what kind of discharge did you receive?
  • Are you physically handicapped?

 

Note that these questions delve into your personal life and are not legitimate occupational qualifications.

Responding to An Illegal Question

There are several ways to respond to a question, which you deem illegal. Consider the question, " Are you married?" You may simply choose to answer it, especially if you don't feel the interviewer has discriminatory intentions. At the other extreme, you may opt to express a strong negative reaction, e.g., "That's personal information that I prefer to keep private." A middle-of-the-road approach may be best, "I'm not sure why you're asking that question. Could you tell me why you need that information?" It is sometimes best to give interviewers the benefit of the doubt, at least until their motives are clear.

No one should be treated in an unethical or illegal manner but it would be unfortunate to have an interview go awry because a well-intentioned interviewer blundered into a question he or she shouldn't have asked and wouldn't have asked in retrospect. You have a choice in this matter, and in the rare instance where you feel you have been discriminated against, there are laws to protect your rights.

Filing a Complaint

If you are asked what you believe is an illegal question and believe you are subsequently discriminated against based on your response, you may choose to file a complaint with the appropriate agency. According to Rochelle Kaplan, legal counsel for the National Association of Colleges and Employers, you must wait to see what happens with the information obtained by the interviewer (i.e., no second interview, no job offer, etc.) before filing a complaint. When filing a complaint, contact the State Attorney General's office for the name of the appropriate agency in your state or you can call the Equal Employment Opportunity Commission in your region for federal assistance. If you are unable to file a complaint in person, call one of the state regional offices, explain the details and ask that a complaint be prepared and mailed to you for review and notarized signature.

 



For news or for more infromation about the Environmental Studies Program, please contact us at:

Environmental Studies Program
University of Cincinnati
PO Box 210006
Cincinnati, OH 45221-0006

Office: 612 Rieveschl Hall
Phone: 513.556.9707
Fax: 513.556.5299
Academic Advisor: Professor Mary Fox, 556-2489, mary.fox@uc.edu
Website: http://asweb.artsci.uc.edu/environment/