Illegal interview questions and how to avoid them
73 per cent of nearly 2,000 surveyed professionals have been asked an illegal or inappropriate question in a job interview.Source: CV Library
Most job seekers preparing for an interview know the basics of what an interview will entail. It's expected, for example, that you will be asked questions about your previous work experience and personal qualities. But did you know that there are some questions that you simply shouldn't be asked in an interview? Not just because they're of a personal nature, but because they are illegal.
Years ago, during a job interview for a well respected company, I was asked some unlawful questions by the Director. At the time I remember feeling uncomfortable answering them but I did not realise they were unlawful and should not have been asked.
These were the questions…
- Do you rent or do you own your home?
- Are you married?
- Do you intend on having children anytime soon?
As a job seeker, it's important to know which questions you do and don't have to answer. If you've ever been asked about your age, nationality or religion during an interview, chances are your recruiter has ventured into 'off limits' territory. Here are the 5 most common illegal interview questions and how you can dodge them.
- How old are you?
Age is a 'protected characteristic,' which means it is illegal to discriminate against a candidate based on their age. Therefore, you do not have to disclose your age during an interview and the recruiter shouldn't ask.
If you do not wish to disclose your age, shift the focus to your skills. Mention the years of experience you've gained and the continuing drive you have for excelling at your job.
- Are you married? / Do you have/want children?
This is probably the interviewer's attempt to make conversation. While it's not ill-intentioned, it is still unlawful. You do not have to disclose a pregnancy during a job interview, and if a recruiter asks if you are married, have children or plan to start a family, you do not have to answer either.
The best way to answer these questions is to say that you keep your work life and personal life separate or turn the question on the recruiter by responding 'It sounds like family is important to you. Are you married?'
- Have you ever been convicted of a crime?
As a candidate, you do not need to inform a recruiter of criminal convictions that are spent. However, this doesn't mean that you won't be asked to complete a background check as part of the selection process.
If a recruiter asks if you have ever been convicted of a crime, you can simply respond that you're happy to undertake a background check and leave it at that.
- Are you religious?
An employer should not ask you about your religion as this can lead to discrimination. However, there is a small grey area in which an employer can ask about your availability to fulfill the requirements of the role, which can overlap into the question of religion. For example, if the required work hours interfere with religious holidays or prayer time, the employer may need to make reasonable adjustments.
If this has to come up, do your best to address the interviewer's concerns without revealing too many specifics.
- Do you have any disabilities?
Employers are only permitted to ask about a candidate's health or disability if the question falls under the following categories:
- There are essential requirements of the job that can't be met with reasonable adjustments.
- The recruiter is asking if an individual requires assistance during the selection process.
- An employer is adopting a positive practice intentionally by recruiting a candidate with a disability.
If you feel a recruiter has breached these terms, you could cite previous employment to dodge the question. For example:, 'In my previous roles, I have never experienced any circumstances which affected my ability to do my job.'