How to Answer the “Secret” Illegal interview Question |
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Posted By: Julie Shenkman In: Diversity in the Workplace
www.phillyjobs.com
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When you are being interviewed by a potential employer, there are several types of interview questions that are illegal for them to ask. These questions include asking how old you are, your marital status, if you have children, your religion, your political affiliations, disabilities and racial background. These questions are prohibited by both federal and state laws, because not hiring someone based on the answers to these questions is discriminatory.
Most people who work in Human Resources, or who are often in charge of interviewing candidates are well aware of this restriction, and will be sure not to ask these types of questions. But, just because they don't ask these questions doesn't mean that they don't have them. This is where the “secret” illegal question comes in, because it is often only asked in the interviewers mind. And, since it isn't expressed, you don't have a chance to respond to it.
Frequently, this comes into play when you can't hide the answers to some of these questions that can't be asked. Some examples would be, if you are physically challenged, over 50, are a member of an ethnic minority, or your resume makes it clear that you are a single mom returning to the workplace. While the interviewer can't specifically address any of these factors, they may be taking them into consideration and asking questions about it to themselves. They may wonder if your disability will limit your work abilities and if you have the physical strength to handle a long work day, or they may ask themselves if you family obligations will take valuable time away from you work responsibilities. So, when you are in this sort of situation, how is the best way to deal with it?
Basically, you have two choices. And, this is where doing a little bit of research on the company and the corporate culture can really help. Is the culture open minded and innovative? Are they a very formal company that prides themselves on being traditional? By finding out who they are as a company, you can get a better idea of what “secret” questions they may be asking and it can help you decide which way to choose.
Option 1:
Address your obvious situation directly. If you have a visible physical disability, mention it and let them know that your physical challenges don't interfere with your ability to perform the job. If you are a mom who is returning to the workplace, when the interviewer asks why you are looking for a job now, you can tell them that your children are older now and you feel confident that it is the right time to start devoting more of yourself to your career. By addressing the situation head on, you can answer the questions they may have without them having to ask. The truth is that just because they can't ask the question, doesn't mean they don't have any, and more than likely, they will come up with their own answers, so you might as well help them out. On the other hand, because the interviewer knows that these questions aren't allowed, by talking about your situation openly, you may make them feel uncomfortable, and it is possible that they weren't even concerned about the issue until you brought it up.
Option 2:
Address any of these concerns indirectly. Think about what question the interviewer may be asking themselves and offer plenty of counterbalancing information to reassure them about your abilities. The key to this option is to try to understand the intent of the question. For example, if you are over 50 and you think that the interviewer may be concerned that you aren't going to be able to pick up new skills and training easily, you can highlight skills and experience that show your willingness to learn new things and your openness to adapting to new technologies. This will reassure the interviewer that your age isn't a problem in the areas he may be doubtful about. No matter what your particular situation is, it is important to think about which of your key abilities demonstrates that you are capable of performing the job and hit them hard, leaving no doubt that you are a great candidate for the job. Be sure though, to not come across as defensive about yourself or to in any way imply that the interviewer has unspoken, discriminatory questions.
Whichever option you chose, the key is to attempt to understand what sort of ideas and preconceptions an interviewer might have about you. One way to find out is to ask yourself what sort of concerns you would have, if you were hiring for this position and were interviewing yourself. This should give you an idea of what concerns they might have and give you an idea of which of your strengths, accomplishments and abilities you should stress in order to strongly counterbalance any unspoken concerns about your ability to be a good fit for the company and the position.
Are you looking for a job in the Philadelphia area? Be sure to visit PhillyJobs.
By Melissa Kennedy- Melissa is a 9 year blog veteran and a freelance writer, along with helping others find the job of their dreams, she enjoys computer geekery, raising a teenager, supporting her local library, writing about herself in the third person and working on her next novel.
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Comments
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Posted by: Ziggy
A simple and intelilgent point, well made. Thanks!
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Posted by: Dorie
Thanks for posting!
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Posted by: Lakiesha
Got it! Thanks a lot for helping me out!
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Posted by: Jaundalynn
Kudos to you! I hadn't thought of that!
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Posted by: Trisha
I thank you for sharing your wisdom
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Posted by: Fidelia
I'm impressed! You've managed the almost impossible.
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Posted by: Brian Cole
@Peter Barry: The best way to answer an illegal question is "I can assure you that my (i.e. age, religon, family, hobbies, etc.) will never interfer with my job performance." That way, you have answered the question without specifically stating what your age, religion, etc. is.
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Posted by: Larry Lawrence
The information is helpful and may be helpful in the next interveiw.
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Posted by: jentlemanjim
The article was very good
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Posted by: Oscar V. Gestoso
What kind of questions can I expect for a phone interview and how should I prepare myself for it?
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Posted by: Liz J.
Good advice. I'm slowly realizing that being over 50 is not an incentive for even being asked for an interview. 'Cause, yeah, I am over 50, AND a single Mom. And Rhonda, you instead of your is a grammatical error so spell checker won't catch it.
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Posted by: Marvin Schilt
Good Article, thank you
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Posted by: Joseph Ramos
I have been out of work for sometime now, I been on several interviews but no luck. Is there a free place where I can have my resume reveiwed and go on a mock interview to see if I am doing something wrong. I am 50+ years old.
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Posted by: Howard
One sneaky question often overlooked, and it's close to "illegal" because it gets close to asking your age, is the year you graduated from college. By doing simple math, the interviewer can figure out roughly how old you are. For someone over 50, this can be a potential chance-killing question. How do you deal with that?
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Posted by: Vada Thompson
You kept pinpointing the age 50. People over 50 aren't braindead. I think a person over 50 knows the mistakes they've made and won't do them again. See the glass as half full, not half empty. Paula
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Posted by: Terry Whitley
What do you do when they ask questions like "where do you see yourself in 5 years?" I don't want to say "retired" I'm well over 50 and I can't hide that fact in a face to face interview. But I do have a few good years and to work and lots of experience to share.
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Posted by: Lauri Davis
What about companies who ask for your birthdate on the application? If you don't fill it in, I think your application is not even considered.
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Posted by: Richard Ivory
Over 50? Forget it! The past three interviews went like this. You get a call fro HR tell you to come in for an interview and talk to Mr.X. When you get there, Mr.X is out or hiding in his office and you talk to Mr.Y who has no authority to hire anyone. You sit there and listen to him talk about the company and asks you a few questions, Says goodbye and will call you when you pass the background check. Of course, you never hear from them again. In any future interviews I will now walk out if the person to whom I am to talk with can not be bothered.
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Posted by: Melida Maldonado
You mentioned what to do if you are a mother returning to the work industry, someone who is visibly disabled and an ethnic minority. However, you only mentioned ways to answer unasked questions for returning mothers to the work industry and for being visibly disabled. What are your suggestions for being an ethnic minority? I personally do not think there is a way to address hidden prejudices during an interview for this situation.
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Posted by: Robert Lheureux
The over 50 question is ridiculous. Almost every employer will ask when you graduated from school....may as well just ask candidates age!
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Posted by: john
It's true, people do feel if you are older than 40 you are too old. The question is, even in a poor economy, do you want to work for people that stupid? Maybe a better job will come along. It is very doubtful that people focused on your age, your time in the 40 yard dash and your politics are going to be successful leaders long term.
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Posted by: Frank Braxton
I have been in the work force for a long time. I have seen changes over the years, I am still Young, one thing I have to agree with the author on is the interviewer has already asked those questions that will get the max out of you without little from the company other than pay. *Important Information*- Work for yourself. When I say this, I mean what you would look for in an employee, is the same thing you should look for while interviewing. The rules and regulations on what to ask and not has an impact, but you must also understand you have no way of knowing or changing the interviewers thoughts.
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Posted by: Cam Lan Tausheck
Very useful advice. Thank you.
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Posted by: John
I often am handed a questionaire about my gender, and race. It clearly states that these answers are not required, but I feel like I am being pushed to answer them. And if I don't, they may think that I am trying to hide something. Any recommendations?
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Posted by: Skip
Every application that I have filled out has asked for my birthdate including the year. Also the year that I graduated high school and college and the years of my employment. I don't see any way to avoid answering these questions.
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Posted by: Nicole Wiley
I haven't experienced this with the few face to face interviews I have had, but those questions are asked on online applications and I always answer them. I guess this is why I haven't experienced a lot of face to face interviews
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Posted by: David Derose
When you fill out an application, many times they ask you for your date of birth. How do you get around that?
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Posted by: susan munro
This is very useful information, thanks!
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Posted by: Cherry Wood
This is a wonderful bit of advice. However, I have recently run into a situation where I was hired and fired in one day! Then, instead of paying me from W2s, they wrote me a personal check to cover the day I worked. I have a question and I have studied Medical Law and Ethics. I was asked what meds' I am on. I can understand this if I am going to be operating heavy machinery etc. However, this was an office job and I felt like it was none of their business. I believe HIPAA passed a law against this in 2001?? What was I going to do, Get my hand chopped off in a fax machine??? I was not comfortable and felt violated by this question, and felt my medication and problems were nobodies business but my doctor and who I signed papers for permission to share with. I did share a few, but not the "as needed" meds. They hired me, but did a background check after-the-fact!! Then let me go. Is this question really legal? Do I really have to tell an employer what meds' I am on?? What should I say if this comes up in another interview?? Thank you
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Posted by: Kent Kavasch
Something that's irritating to me is the question on job applications, printed or online that ask when you earned your degree. Isn't that just a sneaky way to find out your age? Asking an applicant's age is illegal. It should be just what degree you have and where you earned it.
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Posted by: pura
It was really helpful. This makes a lot of sense, never even thought about it that way. Thanks.
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Posted by: Tom Peters
Most companies don't need to ask your age because they get around it on the on-line application when they ask "what year did you graduate?" Its easy enough to figure out from there.
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Posted by: Peter Barry
Good information. How about what to do when they outright ask the illegal questions? It seems if you point out that it's an illegal question, you have answered incorrectly.
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Posted by: Rhonda
Wonderful information, but you need to do a spell check....twice, the word 'you' was used instead of 'your'.
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Posted by: brianna
can we work at target because i wnat to find a job i do h ave a have a job?
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Posted by: Cherian J.
Yes this is a very good information.I am over 50 and a new immigrant and finding it very difficult to land a job.Thank you very much for the information.
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Posted by: manuel j.
Thanks for the information,I was unaware of this questions that the recruiter or interbiuwer may ask,special at this time when the job openings are scarse this situation is more ovious,in my recnt interviews they have askme that question but i have't noticed it thanks again.
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