By Faatimah Jafiq

July 8, 2024

It’s pretty common to feel nervous during interviews. Nerves can cause you to stumble over your words or wipe your mind blank when you absolutely know the answer to a question your interviewer has just asked you. But how do you respond to a question that seems a little…off? Maybe the question is not relevant to the job, or seems invasive into your personal life, or it’s just giving “weird vibes.” How do you know if your interviewer is even allowed to ask these kinds of questions?

In accordance with state and federal laws, there are certain questions that interviewers are prohibited from asking during interviews. For example, questions regarding race, religion, sex, gender identity, age, disability, and national origin are off-limits. Additionally, in New York and New Jersey it is illegal for an employer to ask about an applicant’s salary history.

Below are some questions you should not be asked.  However, most people often find themselves in a position where they need a job to survive, so they would rather answer an uncomfortable or illegal question, than risk jeopardizing getting a job.

Five Common Questions Asked in Interviews and Potential Responses

1. Do you have a drivers’ license?

Response: I have adequate, reliable transportation.

The employer does not need to know how you plan on getting to work, only that you are able to get to work. Remember, public transportation is reliable transportation. Uber, Lyft, the bus, the train, even biking, carpooling, or walking are all considered acceptable modes of transportation, even if the buses never stick to schedule and the trains have “unexpected” delays every day. (However, there is an exception to this rule – see “Exceptions to the Rule” below.)

2. Do you have children? What does your husband/wife do?

Response: I prefer to keep my personal life separate from my work life, but thank you for asking.

Children can be a touchy subject. Sometimes employers want to run a “family-friendly” company/establishment, and having children helps you seem more approachable/suited for the position. Other times, employers see children as a burden and distraction from productivity. Interestingly enough, employers are more likely to view fathers as stable and grounded, whereas mothers are seen as less committed than women without children.[1] Interviewers are not allowed to ask about pregnancy, breastfeeding, or anything else related to your reproductive plans/health.

3. Who are you planning on voting for in the next election?

Response: I have a policy of never talking about politics in the workplace.

It is a longstanding general rule of thumb to never discuss politics in the workplace, but sometimes it can be inevitable. You do not have to answer any questions about your political preferences or voting decisions (past or future) even if you are applying for a job related to politics. An interviewer cannot refuse to hire you because you voted for the “wrong person.” Whether you choose to vote for either candidate (or choose not to vote entirely!) – that is a personal decision that your interviewer has no right to know.

4. How much did you make at your last job?

Response: I’ve been doing some research and the current salary range for this position is [insert range here].

It is illegal in both New York and New Jersey for interviewers to ask about your wages or salary from previous jobs. This also extends to any benefits or compensation you may have received. If you think it would be advantageous to your candidacy, you may choose to disclose your previous salary or salary range (eg. “I made between 75,000-80,000.”) but it is not necessary. As of September 2023, New York State mandates that all job postings clearly state a salary range or hourly wage.[2]

5. Do you believe in God?

Response: I do not think my personal beliefs are relevant to this position.

You can also flip the script and ask the interviewer about their personal beliefs about God. It is not uncommon for employers to run their businesses according to their religious beliefs. This practice may occasionally cause conflict between employers and employees.[3] Interviewers cannot only hire someone of a particular faith (or, conversely, exclude a candidate because of their faith).

Exceptions to the Rule

There are certain circumstances where employers are allowed to ask questions that are related to a topic on the banned list; however, the phrasing of the question is very important. Interviewers are allowed to ask questions that pertain to essential functions of the job. For example, if the job is in a landscaping, it is reasonable that an interviewer asks the candidate if they can lift up to fifty pounds. If a house of worship is looking for a religious leader for their congregation, it is logical that the ideal candidate be a practicing member of their faith.

Interviewers cannot ask pointed questions to specific candidates, but they can ask broad questions to all candidates and make it optional to answer. It is quite common to see questions at the end of an application that offers the candidate the option to self-identify what race or ethnicity they belong to, if they have served in the armed forces, or if they have any mental health issues. These disclosures are completely optional and should not reflect badly upon your application if you choose not to answer them.

Always Remember to…

• Be vague in answers regarding personal information (e.g. home life, religion, politics, etc.).
• Be specific in answers regarding past (relevant) work and academic experience.
• Only disclose information that is publicly available in the interview stage, unless you feel there is pertinent information that would make you a more attractive candidate.

Photo from Pixabay.

Resources

• New York State Labor and Employment Law’s Guide to Interviews and Applications

https://nysba.org/app/uploads/2020/05/The-Layperson-Guide-Interview-Questions_5-15-20.pdf

(This is beneficial to all, not just New York State employees.)

• New York State Pay Transparency Law for Employees/Applicants

https://dol.ny.gov/system/files/documents/2024/04/p688-pay-transparency-law-for-employee.pdf

[1] Correll, Shelley J.; Benard, Stephen; Paik In, “Getting a Job: Is There a Motherhood Penalty?” American Journal of Sociology, Vol. 112, No. 5 (March 2007), pp. 1297-1338 (42 pages) https://doi.org/10.1086/511799

[2] This only applies to New York State businesses with four or more employees.

[3] See Burwell v. Hobby Lobby, Inc., 573 U.S. 682 (2014) (arts and crafts store Hobby Lobby argued that it should be able to withhold contraceptive coverage from its employees because it conflicted with Hobby Lobby’s owner’s religious beliefs.)