Questions you should never ask a candidate at a job interview

Conducting a job interview is stressful for everyone involved. You’re looking for the best possible new team member, and the interviewee hopes to make the best possible first impression.

In today’s competitive environment, the quality of your team is paramount to your success. In your enthusiasm to find the right person, you may not think about what you should and shouldn’t ask. The Equal Employment Opportunity Act (EEOA) prohibits you from asking questions that may lead to discrimination or the appearance of discrimination.

Bottom line: you cannot ask questions that in any way relate to:

• Age
• competition
• Ethnic origin
• Color
• gender
• sex
• Sexual orientation or gender identity
• Country of origin
• Birthplace
• Religion
• Disability
• Marital status
• Marital status
• Pregnancy
• Salary History (in some states)

This sounds easy, but it can be difficult, especially if you develop an easy rapport with the candidate during the interview. It’s natural when you’re getting to know someone to ask about family, friends, education, or other off-limits topics, but doing so can get you into trouble during an interview. [Interested in background check services? Check out our best picks.]

When determining what questions to ask your candidates, consider what you need to know to make an informed hiring decision.

“It’s important to ask the same questions of every candidate you interview for a position,” said Shoby Nunnemacher, president of Referral Staffing Solutions. “You may have a different set of questions for different positions, but when you’re comparing two or more candidates for one opening, keep your questions the same.” Looking to outsource the hiring process? Working with a staffing agency can streamline the hiring process.

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What you can and can’t ask

There are a variety of ways that you may think are harmless than can actually lead to legal trouble. It’s important to know what you can and can’t say.

Geography

A great and common example that may not have occurred to you as a problem: “What is your national origin?” Or more simply, “Where are you from?” You might interview a candidate with a unique accent or someone who has mentioned that they are worked in other countries and curiosity may get the better of you. And it seems completely harmless conversations. But legally it is not.

“Resist the urge to ask where they’re from,” advises Nunnemacher. “Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against someone based on national origin. If you ask, you may be accused of discriminating against them.

You can ask if they are authorized to work in the United States and if they can provide documentation of this. Companies now require all employees to fill out an I-9 form to confirm that new hires meet the legal requirements to work in the US [Related: Learn the Difference Between W-9 and 1099 Tax Forms]

Employers also cannot ask if English is an applicant’s first language. If appropriate for the position, you can ask what other languages ​​the candidate may be able to read, speak or write fluently.

More than that, you can’t ask if you rent or own your home, who you live with, or how you know the people you live with. However, you can ask how long the applicant has lived at their current address.

Marriage

Another seemingly innocuous question might be, “What is your maiden name?” Employers are not allowed to discriminate based on gender or marital status.

Instead, you can ask, “Have you ever worked under a different name?” Make sure that each question you ask remains the same for all applicants. The purpose of such a question may be to find out if they have a reputation, published works or accolades under another name you may have heard of before – not to find out if they are or have been married.

“I recently interviewed a young man who is in the process of changing his name,” Nunnemacher said. “This question will be general for any changes to the name of any candidate, regardless of gender.”

Age

Another seemingly innocent question is, “How old are you?” Nor can you ask the more subtle, “What year did you graduate from high school?” or “When did you first start working?” The Age Discrimination in Employment Act of 1967 protects people 40 or older from age discrimination.

If you have a minimum age requirement and want to make sure your candidate is eligible, Nunemacher says you can ask, “Are you over the age of 18?” or whatever the minimum age requirement is. For example, if you’re hiring a bartender or waiter to serve alcohol, all 37 states and Washington, DC require adults to be at least 18 years old. Three other states require that the person be over the age of 21, and one state has an age requirement of 17.

Family planning

Another question that can cause problems for you as an employer is “Do you have children” or “Are you planning to start a family?” These questions have historically been used to maintain a gender imbalance in the workforce, causing some employers not to hire women strictly on the assumption that they may someday take maternity leave or need time off to care for a sick child. It’s illegal anyway.

“You can’t ask an applicant if they’re planning a family or if they’re pregnant or about taking care of their children,” said Jackie Burkhardt, a human resources specialist based in Wisconsin. “This is an illegal interview question because it reveals personal information that employers are not allowed to use to make hiring decisions.”

Instead, she advises asking questions that relate to the job description and requirements.

Hello

Pregnancy is considered eligible for disability pay, which is another reason you can’t ask about a claimant’s status. But other disabilities are just as protected. For example, you can’t ask, “Have you ever filed a workers’ compensation claim?” or “Do you have a disability?”

Many positions may have lifting or other physical ability requirements. Although you need to know that the applicant is capable of fulfilling the requirements, you cannot ask “How is your health?”

“It is illegal for employers to ask an applicant if they are in good health or if they have had any previous illnesses or surgeries,” Burkhardt said. You are not allowed to ask about their height, weight or any details about physical or mental limitations.

Something that may not occur to everyone; you cannot ask whether a candidate drinks in public or has ever used illegal drugs. If a person is a recovering alcoholic or other type of addict, for example, their treatment would be protected by the Americans with Disabilities Act of 1990. Or, if they avoid alcohol for religious reasons, you could be accused of religious discrimination.

“However, the employer may ask whether the applicant is able to perform the essential functions of that job with or without reasonable accommodations,” she continued.

In these cases, describe the physical requirements, even if they were specified in the advertisement or job description. You can ask, “Are you able to meet the necessary job requirements of this position and perform them well and safely?” This is a reasonable and legal question.

Salary history

Women earn 79 cents for every dollar men make, according to the United States Census Bureau. Black and Hispanic women earn even less than that. Federal law already technically prohibits pay discrimination based on sex, but it’s difficult to prove. So some states have taken steps to stop this discrimination at the job interview level.

California, Delaware, Massachusetts, Oregon and Puerto Rico have made certain salary-related interview questions illegal. And New Orleans, New York, Philadelphia and Pittsburgh now have similar laws. While it may not yet be applicable in your city or state, it’s safest to simply avoid questions like “What is your current salary?”

Instead, determine the salary for a position in advance. During the interview, disclose this salary range and confirm that the candidate is still interested in the position given these parameters. The idea is that this will help ensure that women and minorities who have a history of being paid less don’t see that cycle perpetuated by employers who would then adjust the position’s salary to save a few pennies.

[Related: See 6 Interview Skills That Will Get You Hired.]

Other potential problematic issues

While not illegal in all states or outright illegal, there are some other issues that could put your company in trouble:

• ‘Have you ever been arrested?’ racial discrimination and being arrested does not mean guilty of anything.
• “Can you work weekends or nights?” This could be seen as a question of religious observance or a substitute for asking about marital status.
• “Do you have a bank account?” That’s a fair thing to ask if you’re sure it’s allowed under the Fair Credit Reporting Act of 1970 and the Consumer Credit Reporting Reform Act of 1996.

General job interview tips

Of course, you want to find the right skills, personality, abilities and knowledge to join your team. But there’s a minefield of questions you’ll want to avoid when conducting a job interview. In fact, 20 percent of hiring and HR managers admitted to asking illegal questions, according to a Harris poll of 2,000 such employers. Don’t put your company at such risk by following these guidelines:

• Focus the interview questions on the job requirements and determine if the candidate meets the criteria for the position.
• Be consistent with the interview process. Create a list of questions before the first interview and stick to the script.
• Don’t ask anything too personal.
• Find out what is legal and what is illegal to ask in an interview.