ABA Family Legal Guide

Law and the Workplace

The Hiring Process

What should an applicant do if the interviewer does ask questions that seem inappropriate or discriminatory?

The tactful applicant might avoid answering the discriminatory question directly, and in that way alert the interviewer to the fact that the question was inappropriate. For example, if the interviewer asks an applicant if he or she has children, the applicant could respond, "Oh--you're wondering whether I'll be able to work long hours. I can assure you that I will. My current boss can confirm that."

If the interviewer continues to ask inappropriate or discriminatory questions, the applicant should make a written record of all those questions as soon as the interview is over. If the applicant does not get the job, the applicant may need a record of the discriminatory questions to file a charge with the EEOC.