DO NOT ASK THESE 5 INTERVIEW QUESTIONS
There are many questions U.S. employers cannot legally ask during a job interview, but here are five of the most often asked questions that will expose you to legal liability. Questions about age, marital status, children, ethnicity, and religion should never be asked during job interviews, and if asked, will still put any company in legal jeopardy.
Here are the 5 “do not ask” interview questions:
- What’s your age? How old are you? What year were you born? Are you even old enough to work? You cannot legally ask how old a candidate is in an interview. You can ask them to record their birth year on an application so you will know exactly how old your candidate is prior to the interview. The Age Discrimination in Employment Act (ADEA) protects individuals by prohibiting discrimination against those aged 40 and older, and asking applicants for their DOB may cast doubt as to how that information is used. These questions can be interpreted as a veiled attempt to get around the direct question of a candidate’s age or used to belittle a candidate or falsely equate looking young with being inexperienced. For an older candidate, those questions are asked out of concern that the applicant won’t be able to keep up with technology, work in a fast-paced environment, or fit into a younger company culture. Doesn’t matter. Age discrimination is prohibited by law. In either circumstance, employers can ask how many years of relevant professional experience a candidate has. Focusing on a candidate’s work history is a legal and standard process in hiring.
- Are you married? It’s not only illegal to ask about marital status, but interviewers must avoid such questions as they are deemed personal. An interviewer might wonder whether they need to pay the candidate what they’re worth, assuming they have a working spouse who could support them. Or they may worry that the candidate will be distracted by things like dating, a big wedding, a honeymoon, and eventually, children. None of that information is any employer’s business.
- Do you have kids? Female employment candidates are often asked this question, and it is highly illegal. An employer might ask this to gauge how much time someone can dedicate to the office. They might not want to hire someone with commitments outside work.
- What’s your religion? Freedom of Religion is a protected civil right. An interviewer can’t ask, “Do you go to church?” A candidate might ask the interviewer, “What holidays are covered?” or “Do you do floating holidays?” The interviewer can answer questions about company holidays.
- Where are you from? Questions like “Where are you from?” “Where is your accent from?” “What’s your first language?” and “Do you speak English at home?” are off-limits, and there’s no reason to ask. Sometimes, an employer might see a difficult-to-pronounce name and ask about it when making small talk. Again, small talk isn’t an excuse. This can be especially tricky since it may seem conversational, but it can also easily be interpreted as discrimination due to ethnicity or national origin.
Train your staff to avoid those 5 questions!
Illegal interview questions are often asked due to a lack of interviewer training. It is imperative that you train any staff that will be involved in interviewing candidates to avoid any legal issues. Lack of staff training will not be a successful defense in a labor lawsuit! It is critical that you train staff to direct the focus of the interview entirely on the candidates’ skills, qualifications, and experience only!
When a candidate volunteers personal information…
Sometimes, a candidate may share personal information while making small talk at the beginning of an interview or during one—but even that is a no-no. Again, asking those 5 questions during “small talk” isn’t a legal excuse. While it can be easy to slip up, it’s still illegal. This can be especially tricky since the exchange may seem conversational, but it can quickly become inappropriate if any of the conversation hints at discrimination. Small talk should stick to neutral topics like the weather, sports, or non-controversial subjects, AND never politics! However, if a candidate offers this information via personal disclosure, that is not illegal.
Ultimate interview guideline…
Focus on a candidate’s skills, experience, and qualifications—not on personal details that have no bearing on their ability to do the job.
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