Know Your Rights

Questions asked in an interview should focus on your qualifications for the job.

Although state and federal laws exist to help ensure that you aren't asked illegal questions, occasionally these questions come up on an application or in an interview.

Human resources personnel are usually aware of what's legal and illegal. Others involved in the hiring process may not have the same awareness.

It's your right to withhold information unrelated to the job.

However, research shows that refusing to answer questions may hurt your employment prospects. Think through possible illegal questions ahead of time and decide how you will handle them.

If it doesn't bother you to answer a question, go ahead and answer it. If the question does bother you, be prepared to address it in a way that won't offend the interviewer.

The key to effectively handling difficult questions is to prepare suitable answers well before the interview.

Here are some examples of legal and discriminatory questions in the state of Minnesota.

Legal Questions

• Describe your education.
• What experience qualifies you for this job?
• Do you have licenses/certifications for this job?
• Are you willing to travel?
• What name(s) are your work records under?
• Are you available for overtime?
• Do you have the legal right to work in the United States?

Once an employer offers you the job they may request:

• Birth certificate
• Affirmative action statistics
• Marital status
• Proof of citizenship
• Photographs
• Physical exam and drug testing
• Social Security card or alien registration card

Discriminatory or Illegal Questions

• What is or was your spouse's name or line of work?
• Have you ever filed a Workers' Compensation claim or been injured on the job?
• Do you have any physical impairment that would prevent you from performing the job for which you're applying?
• Have you ever been arrested?

Title I of Americans with Disabilities Act (ADA) lists these additional prohibited questions:

• What is your hair/eye color?
• What is your height/weight?
• Have you ever been hospitalized? If so, for what condition?
• Have you ever been treated by a psychiatrist or psychologist? If so, for what condition?
• Is there any health-related reason you may not be able to perform the job for which you're applying?
• How many days were you absent from work because of illness last year?
• Are you taking any prescribed drugs?
• Have you ever been treated for drug addiction or alcoholism?