modified on 30 December 2007 at 19:07 ••• 601 views

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Federal and state legislation prohibits employers from asking certain questions during the interview based on race, religion, creed, sex and age. Not all employers are familiar with these laws, particularly small employers. What should you do if you are asked one of these illegal questions? Experts say if you want the job you should ignore the violation and answer the question. Others recommend that you very tactfully point out that the question is illegal.

Questions employers are not supposed to ask job applicants:

  1. What was your maiden name?
  2. When were you born?
  3. When did you graduate from high school?
  4. What is your race?
  5. Do you have physical or mental disabilities?
  6. Do you have a drug or alcohol problem?
  7. Are you taking any prescription drugs?
  8. Would working on weekends conflict with your religion?
  9. What country are you a citizen of?
  10. Have you ever been arrested?
  11. What language did you speak in your home when you were growing up?


Employers can usually obtain the information sought in the questions above by rephrasing the question. Compare the illegal questions above with the legal ones below:

  1. What is your name?
  2. Are you over 18?
  3. Did you graduate from high school?
  4. No questions about race are allowed.
  5. Can you perform [specific tasks pertinent to the job description]?
  6. Can you perform [specific tasks pertinent to the job description]?
  7. Can you perform [specific tasks pertinent to the job description]?
  8. Would you be able to meet the job's requirement to frequently work weekends?
  9. Do you have the legal right to work in the United States?
  10. Have you ever been convicted of a felony?
  11. This job requires that you speak Spanish. Do you?