Before you file a claim for discrimination, you might want to consider that most discrimination is not deliberate. In many cases, the interviewer may simply be ignorant of the law. Even though the interviewer may have ask an illegal question it doesn't necessarily mean that the intent was to discriminate or that a crime has been committed.
Just answer the question. If you don't mind providing the information and you don't want to make waves, you can respond to the question and move on to the next one. Keep in mind, however, that you should only answer the question if you truly are comfortable providing the information it could come back to haunt you.
If you are asked an illegal interview question, you always have the option to end the interview, or refuse to answer the question(s). It may be uncomfortable to do, but you need to be comfortable working at the company, and if the questions you are being asked during the interview are indicative of the company's policies, you may be better off finding out now.
Sometimes an interviewer will ask inappropriate questions accidentally, and in that case, you may choose to answer them politely, avoiding the substance of the question, but addressing the intent.
Interviewer may ask questions pertaining to your ability to perform specific tasks, such as "Are you able to safely lift and carry items weighing up to 30 pounds?", or "This position requires standing for the length of your shift, are you able to do that comfortably?" or "Are you able to sit comfortably for the duration of your shift?"
Under no circumstances is a prospective employer allowed to ask your height, weight, or any details regarding any physical or mental limitations you may have, except as they directly relate to the job requirements. If you choose to reply, you can state "I am confident that I will be able to handle the requirements of this position."
During an interview, an interviewer can legally ask about any convicted crimes that relate to the job duties. For example, if you are interviewing for a position that requires handling money or merchandise, you can legally be asked if you have ever been convicted of theft.
During an interview, you cannot be asked about arrests without convictions, or involvement in any political demonstrations. You may choose to tell the interviewer simply, "There is nothing in my past which would affect my ability to perform the duties of this job."
There are few questions legal to ask relating to ancestry and race which are pertinent to employment. During an interview, you may legally be asked,
"How many languages are you fluent in?",
"Are you legally eligible to work in this country?"
Inform the interviewer that the question doesn't seem to be legal or relevant to the specific requirements of the job. Be forewarned, though, that such a direct response should really be saved for questions that are offensive or deeply troubling.
There are instances where an employer may need to determine an applicant's age. The interviewer can ask a young interviewee if he has appropriate working papers. If the job requires that an applicant is of a legal minimum age for the position.
an interviewer can't ask your age directly:
★ How old are you?
★ When did you graduate?
★ What is your date of birth?
This is usually the best option, since it allows you to provide a tactful answer without sacrificing your rights. To answer the intent behind the question, try to figure out what the interviewer REALLY wants to know. For example, if the interviewer asks if you are a U.S. citizen (which is an illegal question), a smart answer would be, "If you mean to ask if I am legally authorized to work for you, the answer is yes." In cases like these, it's best to rephrase the question into a legal one and then answer it. This displays flexibility and composure -- strong job skills.
There are many topics which should be off-limits during a job interview. Questions about age, ancestry, citizenship, credit rating, criminal record, disabilities, family status, gender, military discharge, or religion should not be asked directly by an interviewer.