Alvernia College - Career Services

Interviewing Guide

ILLEGAL QUESTIONS:
WHAT'S THE RIGHT ANSWER?

Various federal, state and local laws regulate the questions a prospective employer can ask you. An employer’s questions—on the job application, in the interview or during the testing process—must be related to the job you are applying for. For the employer, the focus must be: “What do I need to know to decide whether or not this person can perform the functions of this job?”

OPTIONS FOR ANSWERING
If you are asked an illegal question, you have three options.

You are free to answer the question, but if you choose to do so, realize that you are giving information that is not job related. You could harm your candidacy by giving the “wrong” answer.
You can refuse to answer the question. By selecting this option, you will be within your rights, but you are also running the risk of coming off as uncooperative or confrontational, hardly the words an employer would use to describe the “ideal” candidate.
Your third option is to examine the INTENT behind the question and respond with an answer as it might apply to the job. For instance, the interviewer asks, “Are you a U.S. citizen?” or “What country are you from?” You’ve been asked an illegal question. You could say, however, “I am authorized to work in the United States.” Or if your interviewer asks, “Who is going to take care of your children when you have to travel?” You might answer, “I can meet the travel and work schedule that this job requires.”

Here are some EXAMPLES OF ILLEGAL QUESTIONS—and their legal counterparts.

Inquiry Area	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 languages do you read, speak, or write fluently? (This question is okay, as long as this ability is relevant to the performance of the job.)
Age	How old are you? What is your birth date?	Are you over the age of 18?
Marital/ Family Status	What’s your marital status? Do you plan to have a family? How many kids do you have? With whom do you live? What does your spouse do? What kinds of day care arrangements have you made for your children?	Would you be willing to relocate and travel as necessary?
Physical Characteristic	How tall are you? How much do you weigh? Are you physically handicapped?	If important to performing the job: How much do you weigh? How tall are you?
Financial History	Have you ever filed for bankruptcy? Where do you bank?
Military History	What is your military service status? If a veteran, what kind of discharge did you receive?
Background Check	What memberships do you hold in social, religious and community groups? Have you ever been arrested?	Have you ever been convicted of a crime?