Illegal Job Interview Questions - Continued

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Forbidden Questions about Sexual Orientation and Political Affiliation

Executive Order 13087 acts as a guideline against sexual discrimination or party discrimination in the federal government.

Examples: Are you straight or gay?
How do you feel about working with gay or bisexual people?
Who did you vote for in the last election?
Do you belong to a party?

Exceptions: This executive order does not bind all employers, but protections exist at least for federal civilian workers.

Now that you know what is permissible and what is discriminatory, consider how you might prepare for a situation in which the illegal arises. Your action depends on your goals and what makes you feel comfortable. Three basic paths lie open to you.

You could forfeit your rights and answer the question, hoping that it will deepen connections with the employer rather than incite bias. There might be times when you discover that your interviewer goes to a certain church or has family from a certain country that is similar to yours. You might not feel threatened to disclose information about yourself that could be subject to discrimination. 

Alternatively, you could discreetly refuse to answer the question but persist in trying to secure the job. For example, you might avoid answering the question directly but address the concern that it implies. If asked whether you plan to have children, you might reply: "I take strides to balance my work and my personal life. I can assure you that I will be focused and committed to my responsibilities here, and my personal life will not interfere with my performance." If you elect not to answer the question but you wish to secure the position, take pains to set the interviewer at ease. If the interviewer feels embarrassed or chastised by your response, the interview could plummet rapidly.

You could also determine that you have no desire to work in a company that probes in potentially discriminatory ways. You might sense bias or negativity in the interviewer or feel like the environment is somehow hostile to you or other people. If you decide on the spot that you do not want the job, you can take overt action. You could go so far as to excuse yourself from the interview and even file a complaint or suit. If you decide to pursue formal recourse, you can contact the Equal Employment Opportunity Commission.