The interview questions employers shouldn’t ask you

Before you head to an interview, it’s important to be aware of the illegal interview questions that recruiters and employers shouldn’t be asking you. 

Employers use job interviews as a way to work out how suitable you are for a role – and the interview is an ideal opportunity to discuss your skills and expertise discuss your skills and expertise. 

But there are limits to what employers can or should ask you about. Here’s what you need to know. 

What is acceptable for employers to ask? 

A job interview is designed to help employers work out whether or not you’re the most suitable person for a role. This means that the questions you’re asked should relate directly or indirectly to your ability to perform the role, says Dibs Cho, a Hong Kong-based solicitor Dibs Cho, a consultant and solicitor at Arthur Hong LLP. 

“While questions about certain personality traits that may be relevant to the role are understandable, for example, ‘Do you see yourself as a team player?’, questions about irrelevant personal attributes are not, for example, ‘Any plans to get married within the next 5 years?’,” Cho says. 

It all comes back to what information they’re seeking and why, s/he explains. “Questions should always be related to the requirements of the job itself, and as a measurement to review candidates’ capability for the job they applied.” 

Questions that employers can’t legally ask

In Hong Kong, the four anti-discrimination ordinances stipulate that a person mustn’t request or require someone to supply information that could reveal another's protected characteristics, as this could suggest a discriminatory motive or lead to biased assumptions, Cho says. 

“This means that employers in Hong Kong cannot ask questions about a candidate’s personal attributes if they are irrelevant to the role being applied for.” 

Questions about personal attributes includes questions about your sex and gender, ethnicity, family status or disability. “The reason why you cannot be asked to supply information about these attributes in Hong Kong is because it is unlawful for an employer to potentially treat a candidate less favourably on certain grounds outside of the agreed selection criteria,” Cho adds. 

Employers should realise questions about irrelevant personal attributes from the hiring roles should be off limits. For example, the following kinds of questions will usually be unreasonable in most interviews: 

• Are you pregnant or planning to start a family? 
• What is your sexual orientation? 
• How many days were you off sick from your last role? 
• Have you ever been hospitalised in the past 5 years?

“In most cases, the answer to these questions will not shed any light whatsoever on your ability to actually do the job,” Cho says. “Therefore, the fact that these questions are even being asked by an employer can suggest an intent or desire to discriminate and should therefore be avoided." 

Are there exceptions?

A broad exception to this general rule exists if the information is being requested because it’s reasonably required to help an employer understand your ability to perform a role and for a non-discriminatory purpose. 

“For example, if a person is applying for a role at a financial printer that requires working on shifts, it would be lawful and reasonable for the employer to ask the candidate’s willingness to work long hours, or if there is any physical disability that might impact your ability to work unstable hours,” Cho says. 

“In this scenario, the question about the personal attribute goes directly to your ability to carry out the duty of your role and is therefore reasonable.” 

What you can do if you’re asked a question that you think may lead to discrimination

Even when a question seems off-limits to you, when you’re eager for the role, it can feel difficult to refuse to answer. 

Responding in a way that redirects the conversation may help. “If an interviewer steps out of line and asks a question that could potentially lead to discrimination, you could politely ask about the relevance of the question to your job duties,” Cho says. Depending on how the question was asked, this might be as simple as saying, ‘I’m interested to know how that relates to the role. Can you tell me a little more?’ 

Ideally, this response will cause the interviewer to realise their misstep and withdraw the question. You could take this chance to steer the focus back to the job role by highlighting the strengths in you that are actually relevant to the role”. 

By sensitively responding to what you think is a discriminatory question, it may also encourage the interviewer to explain why they think the question is
relevant to the role. It may be that the question is required for a non-discriminatory reason. 

But remember, whether you’re an employee or potential employee, you should never feel pressured to answer a question that requires you to supply information that could be used to discriminate and has no direct bearing on your ability to perform the role. 

Cho says you should stand firm if you’re asked clearly discriminatory questions and know that you can take legal action against a prospective employer if you’ve been discriminated against during an interview process. 

Ultimately, what an employer asks you in an interview should relate to the job and how suitable you are for it. It can be uncomfortable to refuse or avoid a question, but knowing what’s off limits and having a simple response at the ready can help you to feel more confident and in control.           

For more information, visit Discrimination in the Workplace on the Hong Kong SAR Government website.

Jobstreet provides no warranty as to its accuracy, reliability or completeness. Before taking any course of action related to this article you should make your own inquiries and seek independent advice (including the appropriate legal advice) on whether it is suitable for your circumstances.