15 QUESTIONS EMPLOYERS SHOULD NOT ASK WHEN MAKING HIRING DECISIONS As a general rule, employers can ask applicants only job-related questions. Questions an employer should not ask are related to, but not limited to, the following: • What is your race, color, religion or national origin? • What is your age? (Except to ask if you are under 18) • What is your gender? • Do you have any disabilities? • Do you have an arrest record? (An interviewer may ask about any convictions in New York State) • Are you married/does your spouse work? Do not assume that the interviewer is intentionally asking you a discriminatory question. If you have questions or concerns about this, contact the U.S. Equal Employment Opportunity Commission (www.eeoc.gov/laws/statutes/titlevii.cfm) IF YOU ARE ASKED A DISCRIMINATORY QUESTION Take a moment to evaluate the situation, ask yourself questions like: • How uncomfortable has this question made me feel? • Does the interviewer seem unaware that the question is potentially discriminatory? • Is this an indication that the interviewer has a concern? If you are not sure whether you want to answer the question, first ask for a clarification of how this question relates to your qualifications for the job; you may decide to answer if there is a reasonable explanation. When you’re asked an improper interview question, you have three choices: 1. You can refuse to answer, and tell the employer that the question is improper or discriminatory. You may feel better, but chances are you will not get the job. After you get clarification on the question, if you feel there is no justification for the question, you might politely say that you do not see the relationship between the question and your qualifications for the job and you prefer not to answer it. 2. You can answer the question. You may feel uncomfortable, but you might be considered for the job. 3. You can answer the concern that probably lies behind the question and ignore the improper question itself. Answer briefly and try to move the conversation back to an examination of your skills and abilities as quickly as possible. For example, if asked about your age, the employer may be concerned about how quickly you may retire. You might reply, "I have a lot of experience that would be an asset to your company and will stay as long as I can be productive and valued." Overall, if you are asked an inappropriate interview question, identify a way to respond that draws attention to your skills for the job. POSSIBLE EMPLOYER CONCERNS AND DISCRIMINATORY INTERVIEW QUESTIONS DO YOU PLAN TO HAVE CHILDREN? Possible employer concern: The interviewer may have a genuine concern about how long that candidate might remain on the job. You can address the concern by confirming that you plan to pursue a career whether or not you raise a family. You can ignore the inappropriate question, but still address the interviewer’s concern. WHAT’S YOUR GENERAL STATE OF HEALTH? Possible employer concern: The employer may be trying to uncover whether you suffer from an illness or disease that would impact your performance. You can relieve the employer’s concern by mentioning your willingness to take any physical examinations that are required for the job. You do not have to discuss health concerns you may have. IS YOUR SPOUSE EMPLOYED? Possible employer concern: Some employers believe that people from dual-income families have less incentive to work, are less dependable, and therefore are less productive. You can address this potentially discriminatory question by first telling the truth about your spouse’s employment, but stress the fact that your spouse is very supportive of your career pursuits.
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