Employers are forbidden by federal law to discriminate on the basis of race, sex, religion, national origin, age, pregnancy, disability, union membership, taking a medical leave, or filing a workers’ compensation claim. Discrimination based on marital status and sexual preference is also banned in many states. If you believe you were not hired for reasons of prejudice, you can file a complaint with the EEOC (Equal Employment Opportunity Commission) and your state human rights agency. However, you still have several choices if faced with an illegal, or merely inappropriate, question in a job interview.

You can answer the question, particularly if you feel the answer is in your favor. If you’re offered the job, what difference did the question make? You can dodge it, and politely address the underlying concern that may be behind the question. You can ask sweetly how the question pertains to the job, and segue into the sterling qualifications that make you just right for it. Sure, you can act angry, defensive, or jump to your feet and accuse the interviewer of doing something illegal. But little is to be gained from this reaction. Remember, the goal of an interview is a job offer. If you don’t get an offer—or if you antagonize the interviewer, who may end the interview right then and there—you won’t know if it’s bias or your own bad attitude. (Note: A bad answer to any of the questions included in this chapter is acting huffy, hostile, self-righteous, or telling the interviewer it’s none of his or her business, so it’s omitted in all questions to follow.)

The interviewer may just be curious, trying to make small talk, inexperienced and/or unaware of the law, and not discriminatory. So give him or her the benefit of the doubt, and stay cool. Be alert to any pattern in the line of questions, and write down any suspicious questions immediately afterward if you suspect bias, which you will need if you file a complaint.

Job Savvy

Each bolded interview question is followed by a description of what the interviewer is trying to ascertain by asking the question. Then you will be given examples of good answers and bad answers to the question.

Do you have any children? Or: How old are your children? Or: Who takes care of your children when you’re at work?

The interviewer is concerned that you will take off work a lot; leave early or come in late; or be distracted because your children are sick, your child-care arrangements fall through, there are school meetings or activities, or you’ve got other problems.

Good answer: You don’t have to admit that you have children, reveal their ages, or explain that your parents (or day-care center, etc.) take care of them while you work. If you do, feel free to smile sweetly and say that you are a professional committed to your work who makes sure that your family doesn’t interfere with your responsibilities, with reliable child-care help and a backup plan if necessary. Of course, if your children are grown and child care is not an issue, you may want to admit this. If you have no children, ditto.

Job Jinx

Don’t volunteer personal information. If you mention your children, pregnancy, or an activity that signifies your religion or heritage, you open the door for the interviewer to inquire more about things that are irrelevant to the job.

Do you plan to have children? Or: When do you plan to start a family?

He or she is deeply afraid that you may quit and never come back, take a long maternity leave, shorten your work hours, or be absent a lot because of your children.

Good answer: Feel free to smile sweetly and say that you do, but not for several years, since you want to devote your attention to your career—if this is so. Or that you plan to have children, but your work ethic is beyond reproach and the interviewer may check with your references. Of course, if you don’t plan to have children, why not admit it and dispel the company’s fears?

Are you pregnant? Or: When is your baby due?

The interviewer may fear that you will (a) never return after childbirth, (b) take a long maternity leave, (c) be absent a lot from work after you return, or (d) want them only for their health insurance plan. Or perhaps is innocently curious.

Good answer: This is a hard thing to deny past a certain stage. So admit it and address the underlying concern that you will not be around for long. (Of course, if you are merely chubby, you have reason to be annoyed. But dispel their concern.)

Are you married? Or: Do you prefer to be called Mrs., Miss, or Ms.? Or: I see you’re engaged ....

Perhaps the interviewer asks every job-hunter the first question, male or female. Or perhaps the interviewer asks only women—blatantly in the second or third variants—out of concern that the job-hunter will always give her marriage first priority over job responsibilities, or will be too distracted by wedding plans to do the job effectively.

Good answer: You can fend off the question and note that you have always been a reliable employee whose commitment to your work is unquestionable, or answer but make the same point.

Job Jinx

Remember, employers are only forbidden from discriminating against certain protected categories. They can still refuse to hire you because you smoke; have body piercings, tattoos, or facial hair; dress inappropriately; are rude; don’t have the qualifications for the job; or simply because they prefer someone else!

Which religion do you practice? Or: Are you (fill in the blank)?

Perhaps the interviewer is only concerned that you will not be able to work on a weekend if needed, but this question is irrelevant. (Of course, if you’re seeking a job as a priest, nun, minister, or rabbi, or teaching at certain religious-affiliated schools, it isn’t!)

Good answer: A good dodge is to say that you do practice religion, but that your personal beliefs have never interfered with your work and you prefer to keep the two separate. If you don’t, why not admit it, or say you have your own ethical beliefs but don’t follow any organized religion?

Will you be able to work Saturdays (or Sundays, or late Fridays)? Or: Which holidays do you take off? Or: Will working weekends be a problem for you?

The interviewer may fear that you will not be able to work weekends, make deadlines, or be available during busy periods due to your religious beliefs.

Good answer: If there are certain days you feel you can’t work due to your religion, admit it. But show that you will make every effort to accommodate the employer, and are willing to come in or work late another day or use vacation time to get the job done.

That sounds like a (fill in the blanks) name. Or: What is your nationality? Or: Where were you born? Or: What accent is that?

Your national origin is irrelevant. You simply need to be a U.S. citizen or have the right to work here by holding a green card. How you learned to speak a foreign language is also irrelevant. If speaking a foreign language is required by, for example, a foreign-owned bank, you don’t need to be born in, or a citizen of, that country.

Good answer: You can ask mildly how your heritage pertains to the job, or smile and say nothing if the interviewer guesses (or fails to guess) your nationality.

Job Savvy

You can check with your state’s Fair Employment Practices Commission and city human rights agency to learn if any other questions should not be asked on job interviews besides those banned by federal law.

What organizations do you belong to?

The interviewer may be fishing for clues to your religion or ethnicity, or simply curious about your interests.

Good answer: Don’t fall for the bait and drop names of organizations that reveal your religion or ethnicity, if you don’t want to. Mention more neutral activities like professional associations, sports, or hobbies.

How old are you? Or: When did you graduate from college (or high school)? Or: Will you feel uncomfortable in a young, forward-thinking company like ours?

He or she may be concerned about your health, energy, and flexibility in learning new things. But your age is irrelevant—so long as you are above a minimum age requirement and can do the job. Today, more older people are working, postponing retirement, and changing careers than ever before.

Good answer: No need to answer the question, but your age may be easy to guess from your appearance or military service on your application. Reassure the interviewer that your knowledge and experience are strong pluses and that you welcome learning new things, and give an example if you wish. Or you can always give them an age (which may not be your real age, since this question shouldn’t be asked in the first place) and wait for the next question.

Job Savvy

Some jobs require discrimination due to the job’s unique needs—for example, a church or temple seeking a priest, minister, or rabbi, or an agency seeking models for women’s clothing. This is called a Bona Fide Occupational Qualification (BFOQ). BFOQ is an acronym for a legal term when discrimination is allowed due to reasonable job requirements as shown by EEOC.

Have you ever been arrested?

The interviewer doesn’t want to hire someone with a criminal record for obvious reasons. But because many people are falsely arrested, you are obliged to answer only if you have been convicted of a crime (unless you are applying for a job in law enforcement). In certain states, this question can only be asked about felonies, not misdemeanors.

Good answer: No, unless you have been convicted (or unless the exceptions mentioned apply).

Do you have a disability? Or: How long have you been disabled? Or: How severe is your handicap?

Whether you have a disability, and how you got it, is irrelevant, so long as you can do the job with, or without, reasonable accommodation. Being blind or deaf, using a wheelchair, having AIDS or HIV, or being disabled in any other way is protected under the Americans with Disabilities Act. So is being a parent, spouse, or child of a disabled person. Recovering alcoholics and drug addicts are protected as well.

Good answer: While this is not the right way to pose the question, you can reassure the interviewer you were able to perform all the duties of your last or current job just fine, and note if you need any special accommodation.

Job Savvy

Obviously, if you charge discrimination on the basis of age, religion, or ethnicity, for example, but the employer hired someone of the same age, religion, or ethnicity—just not you—you have no case.

How is your health? Or: How much were you out sick last year? Or: Were you ever denied health or life insurance?

Your overall health is irrelevant, since the interviewer can only ask about any disability that will adversely affect how you do the job.

Good answer: Your health is just fine, thank you.

Have you ever filed a workers’ compensation claim?

Filing a claim is also irrelevant, since the interviewer can only ask about any disability that will adversely affect how you do this particular job.

Job Savvy

Drug testing is often required by many employers after a job offer—which can be withdrawn if they don’t like the results. But being a recovering drug addict or alcoholic who has gone to a rehab program is none of an employer’s business.

Good answer: If you have filed a claim, you can say you don’t have to answer the question. If you haven’t filed a claim, why not admit it?

Are you in a union?

Irrelevant, since union membership and/or activity is protected under the National Labor Relations Act.

Good answer: You can say you don’t have to answer, if you are. If you aren’t, why not admit it?

How do you feel working for a department (or boss, or company) that is mainly (fill in the blank)?

The interviewer may hope you feel uncomfortable if your race, ethnicity, or sex is different from that of the boss or most department or company employees.

Good answer: You are comfortable dealing with people of many diverse backgrounds, since the important thing is for everyone to work together to get the job done. Cite an example in your last or current job if possible.

Are you gay? Or: What is your sexual preference?

This is irrelevant, and state or local laws may forbid discrimination on the basis of sexual preference.

Good answer: You are not obliged to answer questions that shouldn’t be asked. Perhaps smile warmly and ask how this pertains to the job. But it’s best to avoid answering these types of questions altogether due to irrelevancy rather than illegality.

Job Savvy

If the EEOC finds your discrimination complaint has merit, it will try to mediate between you and the employer. If this fails, it will either sue the employer or allow you to file a lawsuit, which you must do within 90 days of getting this permission.

Because employers are forbidden by law to discriminate on the basis of sex, race, and religion, as well as other categories, you needn’t answer inappropriate questions. Of course, if you feel your answer is in your best interest, you may choose to answer. But if you have little to gain, you could possibly lose a job offer by attacking the interviewer for doing something illegal on the spot or acting hot and bothered. If you truly feel you were not hired due to discrimination, you can look into filing a complaint later. Just make sure you take good notes after the interview.