
The Interview Game
Illegal Questions
In short form, an illegal question is one where the applicant is being asked to divulge information that has no bearing on the position applied for. An employer's questions - whether on the job application, in the interview, or during the testing process - must be related to the job you’re applying for. For the employer, the focus must be: “What do I need to know to decide whether this person can perform the functions of this job?”
You have three options if you are asked an illegal question:
- You can answer the question - you're free to do so, if you wish. However, if you choose to answer an illegal question, remember that you are giving information that isn’t related to the job; in fact, you might be giving the “wrong” answer, which could harm your chances of getting the job.
- You can refuse to answer the question, which is well within your rights. Unfortunately, depending on how you phrase your refusal, you run the risk of coming off as uncooperative or confrontational - hardly words an employer would use to describe the "ideal" candidate.
- You can examine the question for its intent and respond with an answer as it might apply to the job. For example, the interviewer asks, "Are you a Canadian citizen? “or” What country are you from? You’ve been asked an illegal question. You could respond, however, with "I am authorized to work in Canada." Similarly, let's say the interviewer asks ’Who is going to take care of your children when you have to travel for the job?” You might answer, “I can meet the travel and work schedule that this job requires.”
- If you cannot see the intent behind the question, then ask “Can you tell me how this relates to my ability to fill the position?” Most (if not all) interviewers will reword the question as it relates to the position.
Inquiry Area | Illegal Questions | Legal Questions |
National Origin/ Citizenship |
|
|
Age |
|
|
Marital/Family Status |
|
|
Affiliations |
|
|
Personal |
|
|
Disabilities |
|
|
Arrest Record |
|
|
Sex |
|
|
Race/Colour |
|
|
Religion |
|
|

It is not just an individual question that is judged legal or illegal, but the implication and intent, and whether or not the question is asked of men as well. It is a tricky business.
Some questions may sound legal but show prejudice and stereotypical attitudes, specifically as it relates to working women. “How many kids do you have?” is just one example. “What are your child-care arrangements?&8221; is another. The underlying question actually being asked but not said out loud is: “Are you as good a bet in which to invest time, training, and money?” And in this case, the usual addition is “as a man would be?”
If you keep the interviewer's underlying question in mind, you will have some guidelines on how to answer. If you want the job, then you have to answer the question in a way that says, “Yes, I am a good bet.”
Basics of Answering Interview Questions
Regardless of what type of question you are asked, you will find it easier to respond effectively if you keep in mind some basic question answering strategies:
Common Interview Questions
One of the best strategies is to review these questions, and become comfortable discussing yourself and your related skills.
Types of Questions
Being aware of the different types can help you in the preparation stage as you build your skills inventory. It may also help you focus in on exactly what is being asked and what the employer is looking for in specific questions.