Bad Interview Questions You Need to Know

Employment Law is ever-changing, but bad interview questions are still bad interview questions. These are questions your potential employer is not allowed to ask you. And if an employer does, you do not have to answer. If you are denied a job on the basis of your refusal, you may have legal recourse. Then it's time to see a lawyer.

However, first you need to know what these interview questions are.

Have you ever seen the disclaimer on an application or job posting that states We are an equal opportunity employer? That statement is usually followed with language about their anti-discrimination policy. Questions about the factors listed in this policy are either discouraged or flat-out not allowed.

Questions about:

• Race
• Gender
• Age
• Sexual Orientation
• Religion
• Physical disabilities.

Yet more exist. Potential employers are not allowed to ask you:

• If you have children.
• Your marital status.
• Your social or organizational affiliations.
• Your political leanings.
• Your family background.
• Personal habits, such as smoking.

Of course, there are legal ways around many of these questions. For instance, instead of asking, "Do you have any physical limitations or disabilities?" an interviewer might ask, "Are you able to perform all functions of this job?"

Why is one version legal and the other not? Simply put, the second version of the question only requires information that is necessary for the employer to know. If the individual can perform the job, any limitations or disabilities cease to matter.

The first question, however, opens the door for the employer to make assumptions about the interviewee's abilities. Not to mention, many disabled people don't consider themselves disabled, but differently-abled. Such a question could be very offensive.

What if you are asked an improper question?

If you have no problem with answering the question, feel free to do so. However, only give the information the potential employer needs. Don't feel the need to elaborate.

But you can also answer with something like this:

"I am uncomfortable answering this question, and prefer not to do so."

If the interviewer refuses to accept this answer, you might want to consider whether this is the sort of place you would want to work. A professional will realize their error and either drop the question altogether or rephrase it in a way that is acceptable.