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Is there such a thing as an illegal interview question? The answer to this is technically yes; however "there is no single federal, state, or local agency or court that defines for all cases which interview questions are legal or illegal. Instead, a plethora of court rulings, legislative decisions, agency regulations, and constitutional laws combine to produce the often confusing and frequently changing list of what you can and can't ask a job applicant." Bell, Art. (date unknown) Update on Legal and Illegal Interview Questions. Retrieved October 7 00.
The legalities depend on the question the interviewer will ask the individual being interviewed. For example, are you a U.S. citizen? This would be an inappropriate question, but if it is worded to say, are you authorized to work in the United States, it would be appropriate. A question cannot be asked if it is meant to discriminate on the basis of sex, race, religion national origin, or physical disabilities. Whenever an illegal based interview question is asked it is often not done on purpose but ignorance. Some employers simply do not know that it is illegal to ask questions like; Will you be getting pregnant any time soon? If an employer is unsure what questions they should be asking they could always check with an attorney before they begin their interview process. This will ensure that all legal avenues are covered.
If someone is asked a question that he or she believes to be inappropriate they do not have to answer. It is very important that only questions that are legal are asked and answered too. If the employer demands the person being interviewed answers certain illegal questions then that person probably doesn't want to work for that company. Bottom line, yes there are illegal questions but a little research before hand ensures that a productive interview process will occur.
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