Chapter 22

How Should You Answer a Questionable Question?

In This Chapter

arrow Recognizing unwise questions

arrow Defining discriminatory questions

arrow Tilting toward amiable answers

Is that a Spanish name?

What year did you graduate from high school?

Are you a Christian?

All these questions are foolish ones in a job interview. Every human resources specialist in America knows this. But unsophisticated interviewers who don’t deal with employment issues on a regular basis often cross the line and ask personal, intrusive, discriminatory questions.

Noting Questionable Questions

Employers shouldn’t quiz you about any of the following topics:

check.png Age

check.png Birthplace

check.png Color

check.png Disability

check.png Marital/family status

check.png National origin

check.png Race

check.png Religion

check.png Sex (gender)

Federal, state, and city laws prohibit employers from asking certain questions unrelated to the job they’re hiring to fill. Questions should be job related and should not be used to pry loose personal information. Some inquiries about the off-limits topics are flat-out illegal. Others are merely borderline and inappropriate. This chapter helps you recognize both types of employment probes and suggests responses to make honey out of none- of-your-beeswax questions.

Defining Illegal Questions

An illegal question is one that the interviewer has no legal right to ask.

The federal government and most states and large cities have laws restraining employers from going hog-wild with intrusive questions. These laws cover civil rights — age, sex, religion, race, ethnicity, sexual orientation, and so forth. Asking illegal questions can get the interviewer called on the legal carpet.

tip.eps To find out what’s what in your locale, snag the facts.

check.png You can inquire at your state or city attorney general’s office. Check out a big library for a list of questions that shouldn’t be asked, especially according to state or local laws.

check.png At the federal level, scout the website of the U.S. Equal Employment Opportunity Commission (www.eeoc.gov; search for “Federal Laws Prohibiting Job Discrimination: Questions and Answers”). Also see the sidebar in this chapter, “Club Fed’s forbidden questions.”

check.png Browse online for “list of illegal job interview questions.”

Defining Inappropriate Questions

An inappropriate question is one the interviewer can legally ask but probably shouldn’t. Depending on whether the information is used to discriminate, inappropriate questions set up employers for lawsuits. It’s a threat their corporate lawyers constantly warn against. Inappropriate questions range from civil rights and privacy issues to hard-to-classify bizarre inquiries:

Is your girlfriend white?

How would you go about making a pizza?

If you were at a departmental meeting and a coworker put his hand on your thigh, what would you do?

Interviewers in companies that have human resources departments should know better than to ask inappropriate questions. But some go on fishing expeditions, hoping that weird, unexpected questions will rattle candidates, causing them to “show their true colors.”

Other interviewers are natural-born buttinskies who ask risky questions because they want the information and are willing to gamble that they won’t be challenged.

remember.eps Illegal questions are always inappropriate, but inappropriate questions are not always illegal.

Think First, Answer Second

What if an interviewer does cross the line and has the audacity to toss you a possibly discriminatory question? Assuming that you want the job, think through your answer before automatically flaming the transgressor with snarky responses like the following:

Is your question aimed at trying to find out how old I am? That would be illegal. Shame on you!

As you know, under Title VII, basing employment decisions on sex is illegal, and I feel that this question is discriminatory in nature.

tip.eps Those passive-aggressive comebacks work only in he-said-she-said movies. It’s a mistake to verbally punch out an interviewer — especially if the interview is otherwise going well and you’re sensing that this job could be the right one for you.

Having said that, if a question is repugnant or blatantly discriminatory, don’t answer it at all or answer it your way. For example, an answer to the question mentioned earlier in this chapter — Is your girlfriend white? — may be this one:

I don’t feel that specific, intimate details of my personal life would be appropriate to discuss here. They do not affect my ability to effectively perform the duties of this position. (Translation: Back off.)

Sometimes you have to establish your boundaries firmly. But in general, if you want the job, avoid becoming confrontational and answer all the questions to your benefit.

But what if the interviewer would be your boss and is such a jerk that you don’t want the job? Utter a polite exit line and leave.

Redirect Inappropriate Questions

Another, foxier approach works better for you, especially if you think the interviewer’s questions come from ignorance rather than bias. Deftly twist the offensive question. Here’s an example of redirecting:

Suppose the interviewer asks a question about age:

I see you went to the University of Colorado. My son’s there now. When did you graduate?

The smooth candidate directly responds to the question, sort of:

I don’t think your son and I know each other. I’m sure he’s a fine young man. As for me, fortunately, I’ve been out of school long enough to have developed good judgment. Would you like to know a little about how my good judgment saved a previous employer $25,000?

Another way to redirect is to answer the question you want to answer, not necessarily the question that’s asked. (Politicians do so all the time.) Using the same situation, here’s an example of how a smooth candidate cherry-picks the conversation:

You mention the University of Colorado, such a fine school. In addition to taking my undergraduate degree there, I returned last summer for an intensive executive management course that prepared me for exactly the kind of position we’re discussing now. Would you like to hear more about how I’m a good match for the financial oversight functions of this position?

You know that religion is a slippery-slope question not to answer directly. But the question may come at you sideways. Suppose, for example, you’re asked whether you’ll need time off to celebrate any religious holiday. Try this approach:

I understand your concern about the time I will need to observe my religious beliefs, but let me assure you that if this time has any bearing on my job performance at all, it will only be positive, because the inspiration of my beliefs will help me stay renewed, fresh, and mentally focused.

My suggested answer makes no mention of specific religious holidays, it doesn’t refuse to answer, and it doesn’t confront the interviewer with the discriminatory nature of the question.

(Obviously, if you’re interviewing at a religious organization known for restricting hiring to its faith’s followers and you’re one of their faithful, identify yourself.) As a rule, you win by remaining calm and outthinking an offensive questioner. A good job offer is the best interview strategy of all.

Rehearsing Dicey Questions

Table 22-1 is a playbill of inappropriate or illegal questions you hope you never hear. Decide in advance how you’ll respond to nonstarters like these — just in case. When the quizzing is expressed in an appropriate version, give a straightforward answer.

Table 22-1 Questions Interviewers Shouldn’t Ask

Topic

Inappropriate or Illegal Questions

Appropriate Versions

Age

What is your date of birth?

How old are you?

If hired, can you furnish proof that you are over age 18?

None.

Arrest and conviction

Have you ever been arrested?

Have you ever been convicted of a crime? If so, when, where, and what was the disposition of the case?

Citizenship/national origin

What is your national origin?

Where are your parents from?

Are you legally eligible for employment in the United States?

Credit record

Have your wages ever been garnished?

Have you ever declared bankruptcy?

Credit questions can be used if they comply with the Fair Credit Reporting Act of 1970 and the Consumer Credit Reporting Reform Act of 1996.

Disabilities

Do you have any disabilities?

Can you perform the duties of the job you are applying for?

Education

When did you graduate from high school or college?

Do you have a high school diploma or equivalent?

Do you have a university or college degree?

Family

How many children do you have?

Who’s going to baby-sit?

Do you have preschool-age children at home?

What is your marital status?

What hours and days can you work?

Do you have responsibilities other than work that will interfere with specific job requirements, such as traveling?

Home

Do you own your home?

None.

Language

What is your native language?

How did you learn to read, write, or speak a foreign language?

Which languages do you speak and write fluently? (If the job requires additional languages)

Military record

What type of discharge did you receive?

What type of education, training, and work experience did you receive while in the military?

Organizations

Which clubs, societies, and lodges do you belong to?

Are you a union member?

Are you a member of an organization that you consider relevant to your ability to perform the job?

Personal

What color are your eyes and hair?

What is your weight?

Permissible only if there is a bona fide occupational qualification.

Pregnancy

Your application says that your status is married. Do your plans include starting a family soon?

None.

Religion

What is your religious denomination or religious affiliation? What church do you attend? What is your parish, and who is your pastor? Which religious holidays do you observe?

Are there specific times you cannot work?

Worker’s compensation

Have you ever filed for worker’s compensation?

Have you had any prior work injuries?

None.

None.

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