5 interview questions to avoid

From the ADP Spark blog.

Knowing what questions to ask and what questions to avoid is critical to conducting an effective and compliant interview. Some questions are expressly prohibited by law, while others may directly or indirectly reveal that an applicant is a member of a protected group. Both types of questions should be avoided during interviews.

Here are five examples of interview questions to avoid, along with some suggested alternatives.

Avoid #1: How much did you make at your previous job?

Several states and local jurisdictions have enacted laws that restrict employers from asking about an applicant’s salary history during the hiring process and/or using salary history to make hiring decisions (provided that the applicant’s salary history pay may reflect discriminatory pay practices of a previous employer). Check the applicable laws before asking this type of question.

an alternative: These laws typically allow you to provide the applicant with the starting salary (or salary range) for the position and ask if it would be acceptable for the applicant to be offered the position. You can also tell the candidate not to reveal what they earned at their previous job when answering this or similar interview questions. Note that some jurisdictions, such as Connecticut, require employers to disclose the salary range for the position.

Avoid #2: Are you vaccinated against COVID-19?

Some states have passed laws that limit or prohibit employers from requiring employees to be vaccinated against COVID-19. For example, in 2021, Florida passed legislation prohibiting private employers from mandating a COVID-19 vaccination without providing exemptions for medical reasons (including pregnancy and expected pregnancy), religious reasons, immunity to COVID-19, periodic testing and use of employer-provided personal protective equipment (PPE). Many of these laws, including Florida’s, have specific requirements for processing exemption requests. Check your state law for details.

In addition, asking an applicant about their vaccination status may cause the applicant to disclose protected information about their medical condition or disability. Under federal law, the Americans with Disabilities Act (ADA) generally prohibits disability-related inquiries and medical examinations prior to a conditional offer of employment. Once an employee starts work, these inquiries must be job-related and meet the business need. As such, it is best practice to avoid questions about vaccination status during job interviews.

an alternative: None. When vaccination requirements are permitted, employers may wait until they have extended a conditional offer of employment to confirm the individual’s vaccination status. Note that reasonable accommodations may still be required under federal and/or state laws.

Avoid #3: Do you smoke? Do you drink alcohol? Do you use marijuana?

Several states prohibit discrimination against individuals who use tobacco products or engage in legitimate activities while not employed. Some states also have express employment protections for individuals who use marijuana while not employed. Given these employment protections, avoid questions about whether the applicant smokes or drinks. These questions may also prompt the applicant to disclose the presence of a disability.

an alternative: Regardless of state, employers have the right to prohibit the use, possession, and impairment of alcohol, marijuana, and tobacco in the workplace, during work hours, and on company property. You can communicate your drug and alcohol policy during the interview, as long as you do so consistently for all similarly situated applicants.

Avoid #4: Do you have religious obligations that would prevent you from working Friday night, Saturday or Sunday? Are you wearing this scarf for religious reasons?

Employers are prohibited from discriminating against individuals on the basis of religion. This includes religious beliefs (both traditional and non-traditional) and religious practices, such as attending religious services, praying or wearing religious clothing. In general, you should avoid questions that elicit information about religious beliefs and practices.

an alternative: If you want to confirm that the candidate can work the hours required for the job, specify the regular days, hours or shifts for the job and ask if the candidate can work such a schedule. Be aware that you may need to make reasonable accommodations for an employee’s religious beliefs or practices, such as allowing an employee to voluntarily switch shifts with a co-worker so they can attend religious services. Interviewers should also be familiar with the company’s dress code (or any other policy that may require religious accommodation) and be prepared to ask candidates if they can comply, with or without reasonable accommodation. This question may spark a discussion about possible accommodations, if applicable. If you ask this question, be consistent and ask it to all candidates.

Avoid #5: How old are you? We went to the same high school… what year did you graduate? Are you planning to retire soon?

Under federal law, employers are prohibited from discriminating against applicants and employees over the age of 40. Many states also prohibit age discrimination, some even protecting younger workers. The answers to the questions above could infer or be used to estimate the applicant’s age.

an alternative: If there are minimum age requirements for employment to comply with law or for insurance purposes, you can ask if the applicant meets these requirements.

Conclusion

Make sure your interview questions are limited to inquiries that reveal only legitimate job-related information. Next week, we’ll look at five more questions to avoid.

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From the ADP Spark blog. Used with permission.

_{This article was originally published as the “ADP HR Tip of the Week,” which is a message created for ADP’s small business clients.}