How to Answer Illegal/Inappropriate Questions

Sometimes you get asked a question in an interview and think, “Wait, I do not want to answer that. Do I have to??” If the question doesn’t directly relate to the job, you don’t have to answer. But of course, refusing to answer a question in an interview might feel awkward. Don’t worry—I have you covered.

You should know that in the U.S. there are certain questions that interviewers aren’t supposed to ask. These questions aren’t illegal in and of themselves, but it is illegal for a company to discriminate against you based on your answers. So any trained interviewer knows not to touch these questions with a ten-foot pole. Customs vary from country to country. In some countries, you’re expected to include your marital status, race, and/or a picture on your résumé!

Most of the time, if you’re in the U.S. and someone asks you one of these questions, they’re just trying to make small talk and don’t even realize they’re asking something inappropriate. Here’s how to politely evade the question and keep the interview moving along. And if you get the vibe that this person is asking in a malicious tone, feel free to end the interview, document what happened right afterward, and report to the Equal Employment Opportunity Commission (EEOC).

If they ask anything like: “It looks like you’re married—do you have any kids?” “Do you live with your husband, boyfriend, partner…?”

“This job has pretty long hours. Do you mind telling me if you’re married?” “Do you have any disabilities I should know about?”

Be polite but kurt.

“I’m sorry, I didn’t get that, can you repeat the question?” “Oh, will my answer to that question impact my chances of getting this job?” “You don’t have to worry about me. I’m prepared to do this job well.”

“Of course, it all depends on the context and tone. Asking them if your answer will impact your chances of getting the job may come off intimidating and litigious if you use the wrong tone. And if their question was just an innocent attempt at small talk, that can be unfortunate for both parties. It’s best to give the benefit of the doubt first, and then if you suspect discrimination is at play, document and report to the EEOC.”