Never Ask a Candidate These Questions in a Job Interview
Job interviews can present a legal minefield, where illegal questions can be asked and often the interviewer, and candidate, is unaware. The Equal Employment Opportunity Act (EEOA) prevents you from asking questions that might lead to discrimination, or the appearance of discrimination, so if you are hiring or plan to hire in the future, it’s important to educate yourself on what is and isn’t allowed.
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To avoid unwittingly asking questions that stray into discriminatory territory, create a structured interview process. Use job benchmark software to create interview questions or make a list of only job-related questions that will help in your hiring process.
Federal and state laws prohibit discrimination on the basis of an individual’s race, color, religion, sex, age, national origin or disability, and some state laws also cover marital and parental status and LGBTQ people.
Salary is also a dangerous subject; California, Delaware, Massachusetts, Oregon and Puerto Rico have all made certain salary-related interview questions illegal, and some cities (New York City included) now have similar legislation.
Whether your city or state prohibits certain lines of questioning yet or not, your safest option is to simply avoid those questions.
If an interview question could solicit information from a candidate that could be used to discriminate against them, you should avoid it at all costs. However benign your intentions, asking this kind of question can result in a charge of discrimination and investigation by the U.S. Equal Employment Opportunity Commission (EEOC), and ultimately a costly lawsuit.
Here are some examples of interview questions you should never ask
Family and marital status
Are you married or divorced?
Are you living with someone?
Do you have or plan to have children?
How old and/or how many kids do you have?
What are your day care plans?
What will you do if your spouse is transferred?
Age, health and disabilities
How old are you?
When did you graduate high school?
When do you plan to retire?
Are you covered by Medicare?
Have you ever been treated for… or by … type of doctor?
Have you been hospitalized, or had a major illness?
Do have disabilities that might affect your performance?
Are you taking any prescription drugs?
Have you been treated for addiction?
How many days of work did you miss because of illness?
Address
How long have you been at your current address?
Do you rent or own?
National origin or citizenship
Are you a U.S. citizen?
Can I see your birth certificate?
Gender, sex and sexual orientation
Do you think you can perform this job as well as a man?
Do you feel comfortable supervising men?
What gender do you identify as?
Religion
Do you need the Jewish holidays off?
Which church do you attend?
Politics and organizations
Do you belong to any social or political groups?
Are you Republican, Democrat, Independent?
What sorority/fraternity did you belong to?
Pregnancy
Are you pregnant or do you plan to become pregnant?
Race
Do not ask any question pertaining to race
Criminal Record
Have you ever been arrested?
(you may only ask about convicted crimes if they relate to the job duties)
Military discharge
What type of discharge did you receive?
If the interview candidate offers up information that you’re prohibited from asking, don’t pursue it. Legally, who initiated the subject is irrelevant, and the fact that it was the candidate, rather than yourself, won’t give you any protection. Ask your next interview question and change the subject.
Don’t put your company at risk in the search for the perfect hire. Focus on questions that tell you whether the candidate is the right fit for the job, and don’t ask anything too personal; familiarize yourself and your team with what is legal and illegal before you begin. Make sure your interview process is consistent; to help you avoid potential pitfalls, create a set list of questions to ask each candidate.
If you’re hiring and are in need of support, we can help. Call now on (877) 923-0054.