Questions You Cannot Legally Ask During an Interview
- By the dedicated team of editors and writers at Newsletter Station.
Interviewing job candidates is a crucial step in the hiring process, but employers must remember that certain boundaries must not be crossed when conducting interviews. Federal and state laws in many countries, including the United States, have strict guidelines about what can and cannot be asked during a job interview.
In this blog post, we'll explore some questions you cannot legally ask during an interview and why they are prohibited.
Age
One of the most common illegal questions revolves around a candidate's age. It is unlawful to ask about an applicant's age or birthdate during an interview, which could lead to age discrimination. Employers should focus on assessing an individual's qualifications, experience, and skills rather than making assumptions based on age.
Marital or Family Status
Inquiring about a candidate's marital status, family plans, or childcare arrangements is off-limits. Such questions can potentially lead to gender and family status discrimination. Employers should evaluate candidates based on their qualifications and abilities, not their personal lives.
Nationality and Citizenship
Questions about a person's nationality, place of birth, or citizenship status are also prohibited unless the job has specific legal requirements, such as U.S. citizenship for certain government positions. Otherwise, these questions can lead to national origin discrimination.
Gender and Sexual Orientation
Asking about a candidate's gender identity or sexual orientation is discriminatory and inappropriate. Focus on assessing skills and qualifications rather than making assumptions or judgments based on personal characteristics.
Religion
Religious beliefs and practices are private matters, and it is illegal to inquire about a candidate's religion during an interview. Avoid asking about religious affiliations, holidays, or observances.
Disabilities and Health
Questions regarding a candidate's disabilities or health conditions are strictly off-limits during an interview. Employers should not ask about medical histories, prescription drug use, or whether an applicant has a disability. Instead, evaluate whether the candidate can perform the essential job functions with or without reasonable accommodations.
Criminal Record
In many places, including some U.S. states, asking about a candidate's criminal record during the initial interview is illegal. However, after a conditional job offer has been extended, employers may inquire about criminal history, as long as it is done consistently and fairly in compliance with "Ban the Box" laws and other regulations.
Salary History
Asking about a candidate's salary history is increasingly prohibited to combat wage disparities. Instead, employers should discuss salary expectations and ranges for the position—and base compensation decisions on the candidate's qualifications and market rates.
Military Service
Questions about a candidate's military service or discharge status should be avoided, as they can potentially lead to discrimination based on veteran status. Employers can ask about relevant military experience related to the job, but other inquiries should be off-limits.
Understanding the legal boundaries of interview questions is crucial for employers to ensure a fair and discrimination-free hiring process. Evaluating candidates based on their qualifications, skills, and experience is essential rather than delving into personal, protected information.
By adhering to these guidelines, employers can create a more inclusive and respectful interviewing environment while minimizing legal risks.
