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Illegal or Inappropriate? Job Interview Questions That Cross the Line

By Jeff Isaac

Jeff Isaac, The Lawyer in Blue Jeans

With unemployment at record highs and scores of individuals often vying for the same job, some will do—and put up with—just about anything to land a job. And, with escalating divorce rates and single parent households, employers understandably want to ensure new hires have the professional and personal capacity to “get the job done.” But, in an employer’s quest to “weed out” those who don’t fit the bill, job candidates are often subjected to interview questions that are beyond inappropriate—they’re downright illegal.

Unfortunately, many don’t know exactly where the line should be drawn, or how to react when it has been blatantly crossed. How should a candidate respond if asked a question (s)he knows is illegal?

Follow one of two courses of action: ignore the question and deflect conversation to another topic area, or answer as succinctly as possible and then introduce a new, more appropriate point for discussion. The interviewer may even recognize the professional misstep and appreciate how well you were able to manage the situation.

It’s not uncommon for women in particular to be asked about their familial status, notes Isaac. “In some outrageous instances, women are asked when they plan to start a family even before they’re asked to present their resume. Women need to be prepared to deal with such a situation when it arises, and should also know what legal recourse they have if the offense if particularly egregious.”

To help job seekers better navigate interviews from a legal perspective, Jeff offers these at-a-glance insights:

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