Be prepared for your job interviews by knowing and understanding that there are certain questions that you do not have to answer.

In fact, certain questions are illegal.

To avoid hiring particular persons because of the following types of information is legally discriminatory. It is illegal. While the following list may not include every single possibility of illegal information, generally these are illegal to question:

• Name

Interviewers cannot ask a woman for a maiden name. They may not ask anyone whether they would prefer Mr., Miss, Mrs., or Ms. as a form of address (trick question). An interviewer may not ask, "What does your name mean?" This includes your first, last, and middle names.

• Age, unless you are under 18 and an employer does not/cannot hire minors.

This includes date of graduation from high school and your birth date.

• National Origin, unless you are an illegal/undocumented immigrant.

Where were your parents born?

Your name is interesting - what nationality is it?

What is your native language?

How did you learn languages besides English?

• Birthplace (yours)
• US Citizenship (Interviewers may only ask if you can prove your eligibility to work in the USA).
• Residence

An interviewer cannot ask you with whom you live.

• Race
• Ethnicity
• Skin Color
• Personal Information

How tall are you? How much do you weigh?

What are your clothing sizes and/or measurements? (Not even for a uniform, until you are hired)

• Gender/Sex (male, female, or hermaphrodite)
• Sexual Orientation (gay, lesbian, bisexual, transsexual, transvestite, asexual, other)
• Photographs (Interviews cannot ask for one of you until you are hired.)
• Sexually Harassment

Interviewers are not permitted to ask you to define it, to talk about witnessing or experiencing it, or anything about it at all.

• Religion, Faith, or Atheism, unless the employer is a legally organized church

Illegal: What do you do on Sunday? What holidays do you observe?

• Illness and Health Status

An interviewer is not allowed to ask you if you have chronic health problems or how your health is generally - not even about eyeglasses.

• Disability (physical or psychological, including the use of drugs and alcohol)
• Past Workers Compensation Claims
• Illness or Disability of Relatives
• Emergency Contact Information

An interviewer cannot legally ask for the name, relationship, or address of any person to be notified in case you have an emergency, until after you are hired.

• Marital Status
• Family Status (children, childcare, pregnancies, caring for aged parents, etc.)

Interviewers are not to ask anything about family at all. They cannot ask if you have any relatives working for the company.

• Legal Record, except for crimes specifically related to the job duties. (An interviewer cannot just ask. "Have you ever been arrested?")
• Legal Record of Family Members (Interviewers should not ASK you about family records, but perform a background check on you alone.)
• Military Service (An interviewer can ask you only what type of training you may have had in any military time that you served. They may not ask what branch or what type of discharge.)
• Financial Status and Debts
• Club or Association Memberships that include any of the above categories

There are very few exceptions that allow exclusion from employment for any of the reasons represented in the categories listed above, in the USA. A possible exception is a legally organized church that may require employees to be of the same faith. In current society, this may not stand up in court for much longer and it is something to watch in the future.

If you feel that you have experienced an employment interview that was discriminatory, you have recourse through the United States Equal Opportunity Commission at http://www.eeoc.gov/

You can file a claim for illegal discrimination at http://www.eeoc.gov/facts/howtofil.html

Before you file a claim, seek the advice of an attorney specializing in employment concerns. In order to have a legal case for illegal employment discrimination, it must be in violation of a specific state or Federal law or regulation. If an employment interviewer does not like your personality, then that is not illegal discrimination. However, if that same interviewer rejects you only because of a disability that you possess, then that is illegal discrimination if the disability does not prevent you from being able to do all the tasks of the job.

WHAT TO DO

First of all, do not volunteer the information yourself that might be contained in any of the categories listed above!

However, while it is illegal to ask the above questions, it is not illegal to answer them if you choose to do so. If you do choose to answer them, remember, that once you have opened up an area listed above that can be discriminatory, there is no going back. You may be discriminated against and you may or may not, then, have a legal case if you are denied employment. Therefore, you can answer the questions if they do not disturb you, but you need to understand the consequences of answering.

You can also refuse to answer any illegal questions. Make every attempt to state assertively and politely that it is not an appropriate job-related question you have been asked. Also, state that you feel very uncomfortable being asked this question and feel, in good conscience, that you cannot answer it. It may be wise to avoid using the term illegal in these statements, but use your best judgment about using that word.

You can sidestep and avoid many illegal questions with the following low-key comments:

• I really like to keep my personal life and professional life separate.
• I make it my policy not to discuss my personal life at work.
• Why do you ask?
• If you are worried, I am fully authorized to work in the USA.
• I am sure that I can handle all of the job duties of this position.
• After you hire me, I will be glad to inform you of my age.
• (Age) Do I appear older to you than you expected?
• (Children) Are you concerned that I will be taking a lot of time off?
• I will be glad to discuss my marital status with you after you hire me.