Are These 8 Job Interview Questions Illegal? Here's How to Handle Them

Many first jobbers or returnees may feel anxiety from the prospect of a job interview. Aside from the pressure of having to be at your best and thinking of the right answers to every question, there is also the prospect of being asked an inappropriate question—such as those pertaining to your religion, ethnic background, gender, sexuality, and other personal questions that are not related to your job merits. If you are wondering how to answer illegal job interview questions, this is the article for you.

But first, are inappropriate job interview questions illegal in Malaysia?

While Malaysia does not have explicit workplace discrimination laws, Article 8 of the Federal Constitution states: 

"Except as expressly authorized by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth or gender in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of any property or the establishing or carrying on of any trade, business, profession, vocation or employment."

Still, this does not hinder various forms of discrimination in Malaysia’s labour market. Malaysia remains one of the few countries that requires a picture of the potential employees attached to their credentials — a practice that can certainly leave someone open to discrimination

Recruitment discrimination in Malaysia

In Malaysia, women are more prone to being discriminated against. According to a study, women are associated with insignificance, with men seen as authority figures.

Furthermore, a Women’s Aid Organisation (WAO) study showed the following:

• 47% of Malaysian women were asked about their marital status during a job interview.
• 22% were asked about their ability to perform tasks as a woman.
• 15% were asked if they planned on having children.
• 13% were asked if they would require an extended maternity leave if they became pregnant.
• 22% were discriminated against based on their race or religion in hiring.
• 20% were discriminated against based on a permanent disability, suggesting that they work freelance instead.

You have the right to not be discriminated against at the workplace, especially during the hiring process. Your rights and dignity must be respected during every job interview.

While you may be tempted to impress the interviewer at all costs, you do not have to answer questions that are out of scope to determine your capability to fulfil job requirements. With that, you must learn the common inappropriate job interview questions to learn how to handle them like a pro.

How to answer discriminatory questions in an interview

Question #1: How old are you? 

What makes it inappropriate:

This might seem like the interviewer making conversation; however, your age typically has nothing to do with how well you may perform in a role. So, being of a young age should not hinder you from getting a job, especially if you fit the qualifications.

Another way this can be rephrased is by asking, “When did you graduate from school?” This is a subtler way of the interviewer trying to guess your age.

How to answer: 

Simply answer calmly and politely by saying, “I’m sorry, but I don’t know how this is relevant to the role.” You can even deflect such a question jokingly: “I’m old enough to drive!” Hopefully, the interviewer will get the hint and move on.

If asked about your graduation date, you can say something to the effect of, “Oh, thank you for the interest. May I know what it’s for? I would love to talk to you about the breadth of accomplishments I have achieved in the past years.”

Question #2: Are you single or married?

What makes it inappropriate:

While hirers think that inquiring about your marital status is part of casual conversation, you being married or otherwise makes it none of their business. 

How to answer: 

In this situation, you are perfectly within your rights to say, “I would prefer not to discuss my personal life. But, I’m more than happy to talk about my experience and skills.”

Question # 3: Do you have kids or plan to have them in the future?

What makes it inappropriate:

Many women may fall victim to being asked this question. Your plans to have children, aside from being a private matter, have nothing to do with your career goals.

How to answer: 

One way to counter this question is to turn the tables on the hirer. Ask them whether the company has issues with employees who have families. However, remember not to be hostile. Keep your tone friendly and conversational. Ideally, this will get the message across clearly.

Question #4: What race are you?

What makes it inappropriate:

Race or ethnic background are no-no topics in a job interview. Being asked about your race, your ethnic background, or even the innocuous “Where are you from?” can leave you prone to being discriminated against.

How to answer: 

You may answer by stating your nationality—not your ethnicity—and inform the interviewer that you are legally authorised to work in the country. If the interviewer persists, you may have to spell it out. Say that you don’t see how your ethnicity affects your ability to do the job, but maintain a friendly tone.

If you are asked, “Where are you from?” You may answer along with the likes of, “Well, I have lived in Kuala Lumpur for five years now.”

Question #5: Do you smoke or drink?

What makes it inappropriate:

Being a smoker or a drinker is not an offence at work. Provided that you do not have a substance problem, it should not be able to affect your duties. 

How to answer: 

Simply say in a courteous tone, “I don’t see how this is relevant to the job interview.”

Question #6: Are you religious?

What makes it inappropriate:

Religious background may also be one thing that discriminates against people at work. 

How to answer: 

Try to lighten the mood by saying, “Hey, aren’t we supposed to stay away from sensitive topics such as religion and politics during business meetings?” This kills two birds with one stone—it deflects the question and ensures that the interviewer doesn’t ask you about politics next!

Question #7: Which political party do you support?

What makes it inappropriate:

While politics may seem like a topic for casual conversation, an interviewer cannot judge an employee based on their political beliefs. 

How to answer: 

See number 6.

Question #8: Do you have any disabilities?

What makes it inappropriate:

The state cannot discriminate against you if you have disabilities.

How to answer:

You can simply say, “None that would affect my ability to do the job.” This answers the question without disclosing any personal details that you may not be ready to share.

Things to remember

We hope that this article helps you learn how to answer illegal job interview questions. Interviews reflect the company’s work culture. So if a hirer keeps asking you inappropriate job interview questions, you might want to think twice about your application.

When faced with an inappropriate interview question, you must maintain your professionalism. Answer the hirer’s questions as civilly as possible. You can also practice your interview skills with JobStreet’s Interview Practice Tool.

Still looking for the right workplace for you? Then #LetsGetToWork now! Update your JobStreet profile so that employers can find you. For more expert information on job hunting, visit Career Resources Hub.