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How Do I Recognize Illegal Questions?

Question:

Recently I went on a job interview with a larger technology company. Most of the interview went well, but the interviewer asked a few questions which were geared about my age and my family. I was under the impression that these types of personal questions were illegal? Am I correct?


Answer:

Asking personal questions is not necessarily illegal, but the motive behind them might be. If discrimination is the result of finding answers to specific questions, then it becomes a legal issue. The Age Discrimination in Employment Act of 1967 does not make it illegal for an employer to ask an applicant's age or date of birth. But the ADEA does make it illegal to deny employment because of the applicant's age. Ironically, however, most illegal questions are asked when the untrained interviewer is just trying to be friendly and there is no illegal intent behind the question. You must decide on the intent behind it before answering the question. If you feel it is an illegal question and decide to walk out, and the interviewer is innocent, you've lost your chance at any future consideration as their employer.

You have a few options if you find yourself in this situation:

- Briefly answer the question and move to a new topic.
- Ignore the question and redirect the discussion toward a different topic.
- If the question is blatant and offensive, you have every right to terminate the interview and walk out.
- Don't answer the question, but answer the intent behind the question. For instance, if the 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." Or if he/she asks, "Are you planning a family in the future?" You might say, "Right now I am focused on my career and as a family is always an option, it is not a priority right now."

So before filing discrimination charges, know the intent behind the question. You have every right to ignore the question if you are not sure.

Best of luck in your job search.




August 28, 2007 | 4:03 AM Comments  0 comments

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