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Know Your Rights: Handling Discriminating Questions
Federal law, Title VII of the Civil Rights Act of 1964, prohibits employers with at least 15 employees from
discriminating in employment based on race, color, religion, sex and national origin. According to New York State
law, you do not have to answer questions about race, color, religion, creed, national origin, sex, marital status,
sexual orientation, age, and disability on applications or during the interview. During an interview, an employer
should not inquire into your personal life for information that is not job related.
Know that the person interviewing you may not be a trained interviewer. He or she may not know that they are
asking questions that could result in unlawful employment practices. If this occurs, make every eort to provide
an appropriate response, one that makes the best impression to the interviewer.
It is important that you decide before starting an interview how sensitive you are about specific topics, and how
you intend to handle them if they come up. These questions can also be a red flag for you. Think about why the
interviewer is asking these questions and whether you want to work for this type of organization.
Questions Employers Should Not Ask When Making Hiring Decisions:
As a general rule, employers can ask applicants only job-related questions. Questions an employer should not
ask are related to, but not limited to, the following:
• What is your race, color, religion or national origin?
• What is your age? (except to ask if you are under 18)
• What is your gender?
• Do you have any disabilities?
• Do you have an arrest record? (An interviewer may ask about any convictions in New York State.)
• Are you married? Does your spouse work?
Do not assume that the interviewer is intentionally asking you a discriminatory question. If you have
questions or concerns about this, contact the U.S. Equal Employment Opportunity Commission
(www.eeoc.gov/laws/statutes/titlevii.cfm)
What can you do if you are asked a discriminatory question?
1. Take a moment to evaluate the situation. Ask yourself questions like:
• How uncomfortable has this question made me feel?
• Does the interviewer seem unaware that the question is potentially discriminatory?
• Is this an indication that the interviewer has a concern?
2. If you are not sure whether you want to answer the question, first ask for a clarification of how this question
relates to your qualifications for the job. You may decide to answer if there is a reasonable explanation.
3. When you’re asked an improper interview question, you have three choices:
a) You can refuse to answer, and tell the employer that the question is improper or discriminatory. You may
feel better, but chances are you will not get the job. After you get clarification on the question, if you
feel there is no justification for the question, you might politely say that you do not see the relationship
between the question and your qualifications for the job and you prefer not to answer it.
b) You can answer the question. You may feel uncomfortable, but you might be considered for the job.
c) You can answer the concern that probably lies behind the question and ignore the improper question
itself. Answer briefly and try to move the conversation back to an examination of your skills and abilities
as quickly as possible. For example, if asked about your age, the employer may be concerned about
how quickly you may retire. You might reply, "I have a lot of experience that would be an asset to
your company and will stay as long as I can be productive and valued." Overall, if you are asked an
inappropriate interview question, identify a way to respond that draws attention to your skills for the job.