Some people who are tasked with interviewing potential new hires, simply stated, can't interview their way out of a wet paper sack.  Classes on what NOT TO ASK were conducted a time warp ago in the era of equal opportunity and other political pressures--the flavor of the month pressure.  So, they pick and prod and ask pointed questions, probing for little bits of personal information they clearly are just dying to know.

A neighbor who won't mind his own business might be dismissed as a busybody. A workplace peer might be discounted as a gossip. But what happens when the interrogation expert holds the power to hire?

Discrimination in hiring is a serious issue. In 2002, the Equal Employment Opportunity Commission logged 8,176 charged of discrimination in hiring, 10 percent of all charges filed. In truth, prospective employers can ask an applicant almost any question they like without violating the law. At the same time, however, they also are prohibited from basing hiring decisions on "protected" characteristics, such as race, age, gender and nation of origin.  Often the classes they have attended have done a better job at teaching them to skirt the legalities involved in quality, ethical and productive interviewing process.

As a result, most corporate hiring executives -- even the lowest-level human-resources interns -- are cautioned to avoid questions that an unsuccessful applicant later could point to as evidence of discrimination. Meanwhile, corporate legal advisers nationwide have crafted lists of questions that always should be avoided, including questions such as: "How old are you, anyway?" "What sort of name is 'Rashid'?" and "Do you come from Mexico?"

Where are the landmines?

The most recent protected category is our own health.  Under the Americans with Disabilities Act (ADA), employers are prohibited by law from asking applicants any medical question that could reveal a disability. Further, they are cautioned to avoid questions about:

1. Age or date of birth. If state or federal law has set a minimum age of 18 for certain occupations, the appropriate question is "are you over 18?"

2. Race or nation of origin. "Are you eligible to work in the United States" is an acceptable alternative.

3. Marital and family status. Keep the question centered on the job. "Can you be here from 8 a.m. to 5 p.m.?"

4. Arrest record. Arrests aren't convictions, so it's best not to ask about them. On the other hand, an employer may ask about felony convictions.

And what if the interviewer hasn't read the list?  

Start with a base of HONESTY.  If the question gets asked, answer the question... and then get to the job relatedness. Or, turn it around... after acknowledging their question, refocus it to its job relatedness: What qualities are they looking for? Turn it around and interview them.

Let's say you are a woman, and they want to try and find out how many kids you have, so they ask you, "Is there anything that would prevent you working on Saturday or late nights?" You say, "Absolutely not. I'm here to do the job."

The applicant shouldn't have to worry that the company is going to make a decision based on a protected characteristic. If the interview proceeds and there are subsequent interviews or an offer made, it's obvious that the company isn't making any decisions based on those characteristics and you may feel more comfortable answering the questions.

At the end of the day, the best answer is one that is honest, polite, and reveals nothing the applicant doesn't choose to share.  Better still.... ALL ANSWERS should steer the interview in the direction of the core of an applicant's personal marketing plan, their communications strategy.

ANSWERING QUESTIONS EFFECTIVELY | Answering TOUGH Questions