All Interview Questions Are Fair Game

By Matt Durfee

Near the conclusion of a promising interview, the hiring manager of a small company asked the female applicant if she has children. Relying on information from former employee manuals, she promptly responded, "You're not allowed to ask me that."

Guess what? She was wrong.

Despite comments to the contrary by both Human Resources departments and employment attorneys, it's important that job applicants understand that in the interview process there are no illegal questions.

Although Title VII of the Civil Rights Act prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin, there are partial or whole exceptions to Title VII, including federally recognized Native American tribes and employers with fewer than 15 employees. There are no provisions for interview questions, however.

Let's suppose there are only two applicants for one job opening and both are asked, "Are you a Muslim?" If both applicants answered affirmatively and one was hired, it would be almost impossible for the other to prove he was discriminated against because of his religion.

Some discrimination is even allowed. For example, The Age Discrimination in Employment Act only forbids age discrimination against people who are age 40 or older. Anyone under age 40 is not protected.

With regards to what can and can't be asked during an interview, in my 25+ years as a corporate recruiter and hiring manager for some of the world's largest corporations, I have yet to see a single law prohibiting specific interview questions - even those that would be considered in bad taste.

Unless an interviewer's questions are so personally offensive as to cause you to withdraw your interest in working for the employer, the safest bet is to answer whatever is asked.

If you don't get hired and believe it was because of illegal discrimination, you have the option of filing a complaint with the appropriate local, state or federal agencies.

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