5 Job Interview QuestionsHR Can’t Legally Ask—and How to Handle Them

  • Illicit interview questions might still get asked due to deliberate prejudice or inadequate training.
  • Queries regarding age, marital status, and religion should not be posed during employment interviews.
  • Applicants should shift the attention to their credentials and address continuous unlawful questions.


This essay, presented as a first-person account, is derived from an interview with Leigh Henderson, who at 43 years old serves as the CEO.


HRManifesto


In San Antonio. It has been shortened and clarified.

In the United States, numerous queries arise for employers.
cannot legally ask
During a job interview, this might not be evident, yet that isn’t always the case.

As an individual with experience in
Human Resources for almost two decades now
And currently managing HRManifesto, a community on TikTok, I’ve witnessed this occur. In my opinion, it’s likely that everyone who has gone through a job interview has encountered an inappropriate question at some point.

This issue typically arises from insufficient training for the interviewers. Conversely, certain interviewers might deliberately pose such queries to secure their preferred candidate. Regardless of the reason, these questions are unlawful and should not be part of any job interviews.

Here are five major issues along with actions you should take if they arise.


1. What’s your age?

Whether you believe it or not, questioning candidates with the query, ”
How old are you?
” or ”
In which year did you come into this world?
?”

Certain interviewers pose such inquiries assuming you appear younger than your actual age. They could remark, “Do you even qualify to work here?” Such questions often serve to undermine the interviewee, as the interviewer might erroneously connect youthful appearance with lack of experience.

For a more seasoned candidate, the question might stem from worries about their ability to stay current with technological advancements, adapt to a rapid work pace, or integrate into a workplace predominantly composed of younger employees.

Currently, employers have the option to inquire about the number of years a candidate has spent gaining relevant professional experience. Concentrating on your employment background is both lawful and standard practice during the recruitment process. Applicants ought to be at ease discussing their experience as it pertains to the position.

When queried about your age, you might smoothly deflect by stating, “Let’s concentrate on my credentials and the contribution I make to this job instead. With X years of hands-on experience pertinent to this role, such as [main abilities or notable accomplishments], I’m eager to discuss these aspects further with you.”

Prior to an interview, you can combat age discrimination by omitting your birthdate and graduation year from your resume.


2. Are you married?

Not only is it unlawful to inquire about someone’s marital status, but interviewers should also steer clear of such queries as they are considered private matters.

An interviewer may ponder if they should compensate the candidate according to their value, presuming they possess one.
working spouse
who could support them. Or, they may worry that the candidate will be distracted by things like dating, a big wedding, a honeymoon, and eventually, children.

The most effective reply is to courteously yet decisively steer the discussion back to your credentials. You might say, “I would rather keep my personal matters off-discussion, however, I am more than willing to talk about how my abilities and past experiences match up with what this position requires.” This approach helps establish limits while keeping the interaction professional.

3.

Do you have kids?

This resonates with me as well since I too have been questioned during an interview about whether I have children.

A boss could inquire about this to assess the amount of time an individual can commit to their workplace. They may be hesitant to employ someone who has significant external obligations beyond their job.

Other interviewers might start with casual conversation during an interview, yet they need to tread carefully. Although it’s tempting to let things slide, such chitchat remains against the law, so keep the discussion light and uncontroversial—think along the lines of discussing the current weather conditions. However, as someone being interviewed, you’re free to share this kind of personal detail without breaking any rules.

4.

Where are you from?

Questions such as “Where do you hail from?”
What part of the world does your accent originate from?
What is your primary language?” and “Do you use English for communication at home?” are inappropriate questions, and there’s no justification for asking them.

Occasionally, an employer could encounter a challenging-to-pronounce name and inquire about it during casual conversation. However, this doesn’t make such queries acceptable just because they occur in passing. The situation can get particularly delicate as what starts off seeming like friendly banter might swiftly turn improper if the questions veer towards discussing one’s ethnic background or nationality.

An enthusiastic reply could be: “I’m really looking forward to potentially working with you all and am eager to highlight my professional history, encompassing [pertinent experiences]. Feel free to ask me anything regarding what I can bring to your team.”

This steers the discussion away without revealing personal information.

5.

What’s your religion?

Religious beliefs are safeguarded. An interviewer isn’t allowed to inquire, ”
Are you someone who attends church?
This typically doesn’t arise for the interviewer.

A prospective employee may inquire of the interviewer, “Which holidays does the company observe?” or “Does your organization offer floating holidays?” To which the interviewer could respond regarding the firm’s holiday policies.

If a company poses any of these queries, it serves as a significant warning sign. Should you encounter improper or unlawful questions during an interview, remain composed, maintain professionalism, and exhibit confidence while subtly redirecting the discussion towards highlighting your skills and worth.

Should the queries persistently occur, feel uneasy, or verge on discrimination, applicants ought to record these instances and evaluate their options for addressing them—this could involve reporting directly to human resources, elevating the issue internally, or even filing a formal complaint with the Equal Employment Opportunity Commission.

In essence, what matters most are your abilities, experiences, and credentials—not personal information irrelevant to performing the work.

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