What They Should Not Ask You
It is not lawful for an employer to ask questions regarding a job seeker's race, religion, gender, age, disability, or regarding any other personal information, unless it represents a "bona fide occupational qualification" (BFOQ). A BFOQ (such as an age requirement to work in a bar, or the need for a driver's license to work as a cab driver) is a limitation which is deemed necessary for the efficient, safe, and economical performance of the job, and is applied in a fair and honest manner. Employers should limit their questions to knowledge, skills, and other qualifications necessary to perform the job.
If you are asked an unlawful question in an interview, keep in mind that many employers are simply unaware of what is illegal and what is legal. Professional interviews should be aware - but they can make mistakes too.
Sample Questions
Type 1: Race Discrimination
- You have a very interesting look. What is your heritage?
- Our clients often complain they sometimes cannot understand service representatives of ethnic origin. Could you please say the word ‘rolling?"
Type 2: Gender Discrimination
(Note that questions that seem to be gender-specific are not illegal if they are asked of both males and females.)
- It has come to my attention you are newly married. Are you planning on having any children in the near future?
- The nature of this position requires level headed thinking. Have you ever experienced mood swings?
Type 3: Age Discrimination
- How old are you?
- Did you watch Howdy Doody (an old television show) when you were a kid?
- Are you in your physical prime?
- You want to be a night watchman in our protection agency. How tall are you with boots on?
- You have applied for the position of Certified Beautician. Would you be willing to lose a little weight?
- Do you have diabetes?
- Do you or your family have a history of coronary heart disease?
- Are you afraid of heights?
- Would you be willing to submit to the following personality test?
- Are you a morning or a night person?
- Do you smoke?
- How many hours of sleep do you usually require?
- Do you jog or work out regularly?
- What is your marital status?
- Does you wife/husband work, and what is her/his income?
- How many children do you have and what are their ages?
- Can you get a reference from a bank officer as to your creditworthiness?
- Were you born in Canada?
- How long have you lived in Canada?
- Do you have any disabilities?
Methods for Answering Unlawful Questions:
This is always tricky as you can't be sure if the interviewer is simply confused or not. Here are some strategies:
- Ask the Interviewer how the question relaes to the job. This is probably your best first approach.
- Answer the question that the interviewer is really trying to ask. For example, if she asks how old you are, and you might be supervising older people, tell her that yes, you are capable of delegating work to someone older than you.
- Try to answer the question, and then maybe ask the same question of the interviewer.
- Refuse to answer the question, in a direct but courteous way. This should probably not be your first approach.
- End the Interview, but only if you can accept losing it. Obviously, this is your last resort, but depending on their lines of questioning you may find that leaving them is in your best interests.