My first post, a response to Julianna Baggott’s “Answering the Illegal Question ,” prompted some debate about whether certain questions are illegal or just ill advised. According to the U.S. Equal Employment Opportunity Commission, the only interview questions that are expressly prohibited relate to a candidate’s disability, though certain states have other unique restrictions. And just because a question is not absolutely illegal, doesn’t mean it is safe to ask.
Questions related to such things as age, race, nationality, and other characteristics protected by state and federal law may not be illegal themselves, but the information gleaned from them can be used to discriminate illegally. More importantly, candidates may perceive that the information you obtained through such questions led to a discriminatory action. Should they file a charge of discrimination against you, you will have to explain why you asked the offending question and prove that it had no bearing on your final decision. Why cause yourself such heartache?
Interviewers who ask “taboo” questions often have (at least in their own minds) legitimate reasons for asking. Here are some unfortunate questions and why the asker thought they might be appropriate:
Bad Question: You’re not Jewish, are you?
Reason for Asking: We teach on Saturdays here.
Better Question: Would you be available to teach classes Monday-Saturday?
Bad Question: Do you have a reliable babysitter?
Reason for Asking: She would be the only person in the office in the morning, so we can’t have her being late.
Better Question: You would be the one to open and staff the office each morning. Could we count on you to arrive each day at 8:00?
Bad Question: Were you born in Mexico?
Reason for Asking: We need someone who knows more than “book Spanish.”
Better Question: Are you fluent in Spanish?
Bad Question: Are you completely Asian or just part Asian?
Reason for Asking: Our Asian Affairs Advisory Board members might have preferences about this.
Better Question: Good grief; there is no better question.
In general, it is wise to avoid questions related to age, arrests (convictions are a different matter), citizenship, disability, health, marital status, nationality, race, religion, and sexual orientation. This list is longer than this, but you get the idea.
Not sure what’s safe and what’s not? Discuss your proposed questions with others in advance of the interview. The power of group intelligence might just save you some unintended trouble.

