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Illegal Questions In A Job Interview

Want to know how to answer illegal questions in a job interview without writing off your chances of a job offer?

Sometimes interviewers ask questions they shouldn't. Usually it's accidental, due to lack of training, but sometimes it's deliberate.

They might want to check you're not going to suddenly let them down or leave. The typical worries that lead them to asking illegal job interview questions include:

  • Potential long-term illness

  • Maternity leave

  • Avoidance of work-related travel or overtime

  • Relationship problems that could interfere with your work

  • Childcare responsibilities that could cause unexpected time off


What classifies as an illegal question varies vastly between countries.

As a general rule (particularly in the UK and North America), questions concerning marital status, sexual preferences, ethnic origin, health status or family plans aren't allowed.

If the answer to a question could be used to discriminate against you on grounds other than your ability to perform in the role, then it shouldn't be asked.
 

How do you answer an illegal job interview question?

You could choose to give an honest answer, if that's something you feel comfortable with. However, this could count against you, if your answer is considered to be "out of the norm" or potentially causing the interviewer to doubt your commitment to the job.

Alternatively, you could refuse to answer the question. You could even point out that the question is illegal. We don't recommend this approach as it's likely to cost you the job offer.

The most positive approach is to answer "around" the question. In other words, give a response, but ignoring the illegal part of the question.


For example:If asked whether or not you are married, you could be opening a can of worms by answering "yes" or "no". Whether you're married, single, living with a partner (same sex, opposite sex), it's none of the interviewer's business.

So you could answer:

"It's important to me to keep my work and personal life separate. Whether or not I'm in a long-term relationship isn't relevant to my career here at company XYZ."
 
If the interviewer asks lots of inappropriate or illegal questions, then it’s worth considering whether you really want to work for them.

Read more on handling dodgy interview questions.
 

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