It is
often difficult to know what comprises an illegal question
and what to do if you are asked an illegal question in an
interview. If you answer an illegal
question you are more than likely giving information that is
not related to the job and you may be giving an answer that
an employer does not want to hear. If you
choose not to answer, depending on the wording of your
refusal, you could appear uncooperative.
So, what do you do? You should phrase
your answer as it relates to the position.
For example, if you are asked “How much do you
weigh?” you have been asked an illegal question, but you
could say “I am able to perform the duties of the job.”
The following is a list of
legal vs. illegal questions.
| Subject
|
Illegal
Questions |
Legal
Questions |
| National Origin/
Citizenship |
-Are you a U.S.
Citizen?
-Where were you/your parents born?
-What is your
“native” tongue? |
-Are you authorized to
work in the
United States?
-What language do you speak/read/write fluently?
(This question is okay only if relevant to the job)
|
|
Age |
-How old are you?
-When did you graduate?
-What’s your birth date? |
-Are you over the age
of 18? |
|
Marital/Family Status |
-What is your marital
status?
-With whom do you live?
-Do you plan to have a family?
When?
-How many kids do you have?
-What are your child-care arrangements? |
-Would you be willing
to relocate if necessary?
-Would you be able and willing to travel as needed
for the job? (This question is okay if it is asked
of all the applicants)
-Would you be willing and able to work overtime as
necessary?
|
|
Affiliations |
-What clubs or social
organizations do you belong to? |
-List any professional
or trade groups or other organizations that you
belong to that you
consider relevant to
your ability to perform this job. |
|
Personal |
-How tall are you?
-How much do you weigh? (Questions about height and
weight are not acceptable unless minimum standards
are essential for the safe performance of the job) |
-Are you able to lift a
50-pound weight and carry it 100 yards, as that is
part of the job? |
|
Disabilities |
-Do you have any
disabilities?
-Please complete the following medical history.
-Have you had any recent of past illnesses or
operations? If yes, list them and
give dates when these occurred.
-What was the date of your last physical exam?
-How’s your family’s health?
-When did you lose your eyesight?
How?
-Do you need an accommodation to perform the job?
(This question can be asked only after a job offer
has been made) |
-Are you able to
perform the essential functions of the job? (This
question is okay if the interviewer has thoroughly
described the job)
-Can you demonstrate how you would perform the
following job-related functions?
-As part of the hiring process, after a job offer
has been made, you will be required to undergo a
medical examination. (Exam results must be kept
strictly confidential, except medical/safety
personnel may be informed if emergency medical
treatment is required, and supervisors may be
informed about necessary job accommodations, based
on
exam results).
|
|
Arrest Record |
-Have you ever been
arrested? |
-Have you ever been
convicted of ____? (The crime named should be
reasonably related to the performance of the job in
question) |
|
Military |
-If you’ve been in the
military, were you honorably discharged? |
-In what branch of the
Armed Forces did you serve?
-What type of training or education did you receive
in the military? |
