TRIUMPH Over Illegal, Inappropriate or Offensive Job Interview Questions

Posted on June 10, 2008 | Filed Under Uncategorized, Diversity and Inclusion, Legal Issues 

Your job interview is going just as you envisioned and prepared for. You think you’ve nailed it. Then you’re blindsided with an illegal, inappropriate, or offensive question. Minorities, women, immigrants and people with disabilities are more likely to encounter this dilemma.

So what do you do if it happens to you?

Myth: Interviewers control the entire process, there is nothing you can do if you encounter an interviewer who asks and improper question.

Truth: Not every interviewer is trained in performing interviews, particularly in smaller companies. Often times when an interviewer asks an illegal question they are doing it inadvertently. And in some instances your interviewer is biased.

Reality: Part of the preparation you do for an interview requires that you be prepared and knowledgeable about legal and illegal questions. This way you will feel confident and can take control if such a situation arises.

We recommend reading Emily Sanderson’s detailed post How to Answer Questionable Questions in a Job Interview. “Whether the question is legal or not, you still might have an incentive to answer it,” says Bill Coleman, senior vice president and chief compensation officer at Salary.com. . .”

What if you believe that this is not a totally insensitive, discriminatory interviewer, but that the person slipped up in the phrasing of the question? Perhaps you are truly interested in this company, and feel that the interviewer’s insensitivity or inappropriateness may not be representative of the employer as a whole. On the other hand, you may believe that the interview does reflect the company’s treatment of people of different backgrounds.

This delicate situation becomes a real balancing act. We recommend that you choose to address these questions in a manner that supports your best interest in securing a job that fits your values and goals.

While you can’t control the questions that are asked, you do control how you respond. Think about how you might TRIUMPH™ over illegal, inappropriate, or offensive questions by using the simple options below.

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 back, evaluate the question and the situation.

Perhaps 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 the interviewer seem unaware that the question is illegal?
 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 we hire for this position will service our customers in Central America. Can you tell us what sales and marketing experience do you have in this region?

Then respond in a way that that you prepared for and is comfortable for you.

2. Respond to the question directly.

There’s no rule saying that you can’t respond directly to an illegal question, if you are comfortable with it — There is only a rule saying that the employer shouldn’t ask the question. Maybe your company research or instincts tell you that answering will help you land the job.

The following factors may be useful in assessing whether you want to answer a non job-related question directly:

 If you determine that it’s OK to disclose information and that you do not believe the question will harm your candidacy.
 Preferably, reply to it briefly, and then move on to something else.

or

 Elaborate on your response, if you have assessed that that the question was asked so you could link your qualifications to the employers’ needs. Be careful here.
 By replying to the question, you may actually improve your chances of getting the job, particularly if you provide the “right” answer or response the interviewer is looking for.
 If you choose to do so, realize that you are giving information that is not job-related. You can also harm your candidacy by
giving the “wrong” answer.

3. Identify the intent behind the question and respond indirectly with an answer that relates to the requirements of the position.

Maybe the interviewer is asking a question such as “are you married?” because he or she is worried that you will not be able to travel or work long hours. If you are a Latina, this kind of question might signal gender bias and Hispana stereotyping.

Another common illegal question is asking for your immigration status. The interviewer may be concerned about whether you can you be lawfully hired, how long you will be able to wofor the company, and whether you are going to ask for sponsorship. In some cases, they may assume you are not familiar with U.S. business practices.

Example:

Their Question: What country are you from and what is your specific immigration status?

Your Answer: I am authorized to work in the U.S. As my rèsumè and portfolio show, 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 conversation.

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 meet the work schedule or time requirements of the position, the answer is yes. You are an excellent company and I believe I will be an asset to you because . . .

5. Mention the error diplomatically.

Examples:

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 question.
You have the right to refuse to answer an illegal question. It is understandable that you would refuse to do so. But bear in mind that there is a fair chance that you will not get the job if you decline to answer. You may or may not.

A flat refusal to answer may harm your chances of being hired for a position if the interviewer sees you as an uncooperative or stubborn person.

By selecting this option, you’ll be within your rights, but you’ll also run the risk of coming off as uncooperative, stubborn or confrontational - hardly the words an employer would use to describe the “ideal” candidate.

Example: If the interviewer repeats the same illegal question after you tactfully ask for a clarification as to the job relatedness of the question.

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 your 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.

7. Hit the road. Gracefully and professionally excuse yourself.

If the idea of working for an employer who condones the asking of inappropriate or illegal questions turns you off, and you know that you would not want to work for this company, then you may want to end the interview.

Example:

Their Question: What does a smart cute chica like you think it takes to be successful in this job?

Your Answer: Excuse me? What do you mean by this question?

Their Reply: You know what I mean. We have several well-qualified applicants for this job. What can you offer me that they can’t?

Your Response: I think I am ending this interview right now. It is not appropriate or professional of you to call me a “smart cute chica”. I am offended by the implication that I have to offer you anything to get this job beside my skills and qualifications.

Next, Immediately go somewhere and write down everything that transpired.

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