It is standard practice to be prepared for conventional interview questions. It is also helpful to be prepared to respond to worst-case scenario questions you should not be asked, because not all recruiters know that some questions are simply off limits. However, one in three hiring managers admit to knowingly asking illegal interview questions, according to a Resume Builder survey of 1,000 managers. The EEOC recently reported a 9.2% increase in discrimination charges indicating the trend is expected to continue into 2025 (The National Law Review).
Some interview questions are simply unlawful, such as asking about age and marital status. Other questions, although not illegal, are intrusive. How you respond to these types of questions will help you learn more about the company values and culture. Understanding your rights and knowing how to respond with courtesy will allow you to make professional decisions and secure an offer if the company is still appealing to you.
According to the EEOC, questions employers are not allowed to ask during a job interview typically involve personal information unrelated to your ability to perform the job.
Options to Respond
If you are asked an illegal question, you have options.
- Answer the question directly if you are comfortable doing so.
- Consider the best way to respond to the question to assuage the recruiter’s concerns (examples below).
- Politely educate the recruiter that the question is illegal and you prefer not to answer. This might label you as an undesirable candidate so carefully consider your level of investment in the opportunity.
- Terminate the interview if you decide the question indicates that the company is not a good fit for you.
Example Responses
Here are some examples of difficult interview questions and how you might respond:
- Are you a U.S. citizen?
“I’m eligible to work in the United States.” - Is English your first language?
“I’m fluent in English.” - Will your religion conflict with working on Sundays?
“Any of my personal commitments would not interfere with my ability to do the job and I understand occasional overtime is necessary.” - To which clubs or organizations do you belong?
“I am a member of SHRM.”
(Your answer should only refer to professional associations). - What is your gender?
“I’m most excited to tell you about a project I completed as an intern which saved the company $6M in one quarter.” - Are you married, pregnant, or planning to start a family soon?
“I keep my personal and professional life separate, so I’ll talk about my eagerness to make a long-term career commitment to this company.” - How many sick days did you take last year?
“I prefer to keep my medical history private. I am confident I can meet the demands of this position and have an established track record of meeting and even exceeding deadlines and expectations.”
“I’ve maintained a healthy work-life balance and have always ensured I am present and productive at work. My attendance supported my team’s goals in optimizing efficiency while minimizing costs by 30% and improving customer satisfaction to 98%. - Have you ever been arrested?
“I’ve never been convicted of a felony”
“I’ve never been convicted of a crime.” - Do you have debt?
“I’ll refrain from discussing personal matters and assure you I’m fully focused on and capable of meeting the demands of this position.”
Final Thought
Illegal interview questions can be challenging and uncomfortable. Use clear examples to demonstrate your skills and values without oversharing personal details. Career coaches are available to help. For specific legal guidance, consult a labor attorney.
