D. Steps to Take to Avoid Being a Victim

Review the chart to understand what questions are illegal. Examine all employment applications and forms that contain discriminatory questions. If you feel that a question is discriminatory, such as if you are asked if you have any plans to raise a family, point this out to the interviewer. Be tactful. Explain that you believe the question is illegal and that you decline to answer it for that reason. Some employers will appreciate your candor and may be impressed by your knowledge of the law. Others may feel you are a threat and may decline to offer you the job. If you believe you were denied a job based on a refusal to answer discriminatory questions or if you gave an answer to a discriminatory question because you feared that failure to do so would jeopardize your chances of employment, you can file a complaint with an appropriate agency to protect your rights. These agencies include a state or local human rights office or a regional office of the Equal Employment Opportunity Commission. You may also wish to contact a private lawyer for advice and guidance.

One job candidate did just that and was awarded $15,000 in compensatory damages and $30,000 in punitive damages by the EEOC from an employer who asked an improper question during a job interview and failed to hire the applicant as a result of her answer.

If you believe you were victimized, document your complaint by writing a letter similar to the one on the following page. Follow up the letter by contacting the agency to confirm that action is being taken to protect your rights. Speak to a lawyer to determine your options if you are not satisfied with the progress of the investigation. You should also consider filing a formal discrimination lawsuit through either a private attorney (after an investigation by a state agency or the EEOC) if you were denied a job by refusing to answer discriminatory questions or furnishing answers to illegal questions. Sometimes it is not necessary to hire a lawyer because a state agency or EEOC will sue on your behalf.

Counsel Comments:Some applicants innocently provide illegal information. Employers are trained to circumvent the law at an interview by asking the applicant a general question such as "Tell us about yourself." The applicant then volunteers personal information the employer has no right to hear, such as "Well, I'm married to a teacher, we have two young children, and I desire a position with your firm because I'm bored of being a housewife and want to wait several years before having more children."

Thus, try to limit what you say and avoid volunteering personal information at an interview where possible.