How Should Your Clients Handle Illegal Interview Questions?1. Take a Step Back2. Respond to the Question Directly3. Identify the Intent and Respond Indirectly4. Upstage and Ignore the Question by Redirecting the Conversation5. Mention the Error Diplomatically6. Politely Refuse to Answer the Question7. Hit the RoadWhat to Do If You Have Been Discriminated AgainstWhat If You Want to Bring Up a Sensitive Issue?How Should Your Clients Handle Illegal Interview Questions?If your clients are asked an offensive or illegal interview question, have them use these strategies By Murray A. Mann and Rose Mary Bombela-Tobias Posted on July 11, 2005The Recommendations Have your clients prepare for the possibility of offensive or illegal interview questions by practicing the T.R.I.U.M.PH strategies outlined in this article. Keep in mind that answering illegal interview questions is a delicate balancing act. Clients must weigh their desire for the job with their values and goals.Your interview is going just as you envisioned. You think you have nailed it. But then youare blindsided with a question about your marital status or ethnicity that is illegal, inappropriate, or offensive. What do you do? Even though you can't control the questions that are asked, you can control how you T.R.I.U.M.P.H. over them:- Take a step back; evaluate the question and the situation. - Respond to the question directly. - Identify the intent behind the question and respond indirectly with an answer that relates to the requirements of the position. - Upstage and ignore the question by redirecting the conversation. - Mention the error diplomatically. - Politely refuse to answer the question. - Hit the road. Gracefully and professionally excuse yourself. Let's look at these seven approaches in more depth.1. Take a Step BackPerhaps the question did not come out as the interviewer intended. If the interviewer is given a chance to think about it, he or she might quickly recognize their error. Ask yourself these questions: - How uncomfortable does this question make you feel? - Does your gut feeling tell you that this illegal question is an interviewer’s mistake,or does it indicate deeper problems with the company? - Is this interviewer going to be your boss? - If you believe the questions reflect the culture of the company, is this a place you want to work? Tactfully ask for a clarification to give the interviewer enough time to pause and rephrase or strike the question.Example:Their Question: "Are you from Central America?"Your Question: "'Could you elaborate on your question as it relates to the job so that I can be sure to provide all the information you need?"If Their Answer Is: Repeating the same inappropriate question, or "The person hired for this position will service our customers in Central America. Can you tell us what sales and marketing experience you have in this region?" Then respond with a preparedanswer, one that feels comfortable.2. Respond to the Question DirectlyThere's no law stating that you can't respond directly to an illegal question, if you are comfortable doing it. By replying to the question, you may actually improve yourchances of getting the job, particularly if you provide the "right" answer. But keep in mind that if you choose to give information that is not job related, you can also harm your candidacy by giving the "wrong” answer. Consider using these strategies: - Reply to it briefly, and then move on to something else. - Elaborate on your response, if you think the question is about your qualifications. (But be careful here.)3. Identify the Intent and Respond IndirectlyMaybe an interviewer asks, “Are you married?", because he or she is worried that you will not be able to travel or work long hours. Or the interviewer asks about your immigration status because they are concerned about whether you can be lawfully hired.Example:Their Question: What country are you from and what is your specific immigration status?Your Answer: I am authorized to work in the United States. As my resume and portfolioshow, I have extensive experience successfully working with your products and customers. I would be more than happy to demonstrate my expertise for you.4. Upstage and Ignore the Question by Redirecting the ConversationYou can courteously overlook the question by not giving the information requested. You won’t have to sacrifice your principles while you avoid offending or embarrassing the employer.Example:Their Question: "Are you married?"Your Answer: "If you are asking whether I will be able to meet the work schedule or time requirements of the position, the answer is yes. I believe I will be an asset to you because ..."5. Mention the Error DiplomaticallyExample:Their Question: "Are you a U.S. citizen?"Your Answer: "Yes, I am. I hope you do not mind, but you may not be aware that the question as worded is unlawful. I believe it is appropriate to ask applicants if they are authorized to work in the United States. " Or Their Question: "Do you have children?"Your Answer: "I know we're not really supposed to talk about these types of things in an interview setting, but I have one child. "These responses should keep the interviewer from going any further with inappropriate lines of inquiry. It also shows the interviewer that you are knowledgeable about the law and able to quickly compromise and solve problems.6. Politely Refuse to Answer the QuestionYou have the right to refuse to answer an illegal question, and it is understandable that you would. But bear in mind that there is a chance that you will not get the job if you decline to answer. Interviewers may see you as uncooperative or stubborn.Example: Their Question: "You have one child; are you planning to have more?"Your Answer: "I do not feel comfortable answering this question because it is not related to the requirements of the job or my ability to perform them. "Start Taking Notes: At this point you should openly take notes including the specific question, the context surrounding the question, date, time, location, interviewer's name, witnesses (if any), business unit, and the company.Most employers will realize the potential consequences when you start documenting your discussion, and it is unlikely that the interviewer will pursue the issue further.How to Determine If an Interview Question Is IllegalFederal, state, and local equal employment opportunity laws narrowly interpret what canand cannot be asked at an employment interview.
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