How to Avoid Answering Illegal Job Interview Questions in a Tactful way
There are some questions that interviewers are not supposed to ask.According to Porcshe Moran of Investopedia, there are eight questions interviewers are not allowed to ask: Your age, marital status, whether or not you are a U.S. citizen, whether or not you are disabled, whether or not you are a drug, tobacco, or alcohol user, your race, your religious practices, and whether or not you are pregnant. Unless you are seeking a job that requires a background check, such as a position in law enforcement, intelligence, or sensitive government work, the eight aforementioned questions should be avoided by interviewers.
Of course, there are many ways around the existing laws forbidding certain questions. For example, though it is illegal to ask whether or not an applicant is a U.S. citizen, it is acceptable to ask whether an applicant can legally work in the United States. In regard to drugs, alcohol, and tobacco, it is legal to ask whether or not an applicant has been disciplined for such use. As an interviewee, prepare for these types of questions.
But sometimes interviewers cut right to the chase and avoid the fine print of the law. They will want to know your age, marital status, citizenship status, etc. Sometimes they may frame this as small talk, but sometimes they will directly seek a definite response as part of the interview process. How do you handle this without botching the interview?
First of all, maintain a sense of humor. Flying off the handle and confronting the interviewer with the fact that he or she is asking illegal questions is definitely not the way to land the job! If you do not want to answer any of the eight inappropriate questions, it is important to remain tactful and non-confrontational.
A good tactic is to calmly ask whether or not the information is important to the job duties. "Has that been a big issue around here?" may be a neutral question that gets the interviewer talking, revealing the importance of the question. If the response makes the question sound of minimal importance, revealing that it may have been asked out of habit or mild curiosity, it may be acceptable to say with a smile "I wouldn't mind answering, but by law I don't think I'm supposed to." By placing the question of legal responsibility on yourself instead of on the interviewer you subtly remind them of the law without raising tensions. They save face and may casually go on with the interview.
If it turns out that the interviewer wants a definite answer and resists being told that you don't want to risk breaking the law by answering, things become more delicate. If you still wish to avoid answering you can re-affirm that you don't want to break the law by answering but can continue on to provide verbal reassurances that your productivity and reliability as an employee will not be an issue. However, if the interviewer presses for a definitive answer you do not wish to give it is important to reveal that you are well-aware of your rights as an applicant. Avoid being hostile, but clearly state that you know which questions you are not required to answer and are against the law for employers to ask. A reminder that you are a well-informed applicant may garner respect from the interviewer without blowing the entire interview.
Sometimes, however, the interviewer will not be persuaded to drop the questions. In a tough job market many employers can ask whatever they wish because few interviewees can afford to walk out. As a final option, a statement that you are an applicant who will pursue his or her rights may be in order. The threat of being reported as an unscrupulous or discriminatory employer may convince the interviewer to back down. While it is unlikely that you will land the job if the conflict gets this far, you may have won the interviewer's begrudging respect.
