These interview questions can cause problems for HR

To ask or not to ask? This is the question.

And the answer is no—that is, if you’re an employer interviewing a job candidate and you plan to ask about the candidate’s race, gender, age, religion, sexual orientation, disability, or other sensitive topics.

Employers use interviews to find out if a candidate will be a good fit for the job and the company. However, HR and hiring managers need to be aware of issues that are illegal, unethical or that could veer too far into the gray area, according to HR and employment law experts.

Understanding where to draw the line is important for employers to avoid accusations of unfair hiring practices or lawsuits.

“There are a bunch of questions that are just taboo to ask in an interview, and they all have to do with discrimination and have nothing to do with the candidate’s ability to do the job,” explained Jana Tulloch, HR consultant at DevelopIntelligence, a software development company technical software based in Boulder, Colorado. “Any question that addresses a person’s sexual orientation, marital or marital status, religion, etc. is prohibited.”

For example, Tulloch said, during an interview, an employer should never ask, “Are you planning to start a family soon?” Employers should also never ask “how old someone is or what their ethnicity is. Applicants can easily claim discrimination if they feel they were not selected based on their religious beliefs, sexual orientation or pregnancy.”

Additionally, “employers should be sure that their interview questions are the same for all candidates and that [questions] are strictly about the knowledge, skills and abilities needed to be successful in the role,” Tulloch said. “There are some questions about physical ability that can be asked as long as [physical ability] considered a bona fide job requirement.”

Charles Vethan, president and CEO of Houston-based law firm Vethan, cautioned that it’s wise for employers to know state and federal laws regarding interview questions and procedures.

“Taboo topics are not flagrant violations of any law, but they may have the tendency to steer the conversation into illegal territory or put the employer in a bad public relations light,” Vetan said. Some examples of taboo topics include:

• Alcohol consumption.
• Dating.
• High school graduation date.

Other issues of concern, according to Vethan and David Weisenfeld, legal editor at XpertHR, include:

• “We are hiring because our business is going to get very busy. Do you have any plans that may interfere with your ability to work full-time in the coming year?’
• “Are you married? Will you start a family soon?”
• “Your name is very exotic; where are you from?”
• “This job requires the ability to lift things heavier than 20 pounds. Have you had any previous medical problems that would prevent you from being able to do it?’
• “Did you take sick days or extended medical leave last year?”
• “Do you have children? What childcare have you done?’
• “What year did you graduate from college?”

And according to this LinkedIn article, there are far more troubling interview questions.

On the other hand, there are questions that can make job seekers nervous, but which are perfectly acceptable. Some of these questions boil down to whether the job applicant can meet the requirements of the position, according to Weisenfeld, who specializes in hiring and hiring topics, including pre-employment screening, interviewing and selection.

These questions may include:

• “Will you be able to meet the attendance requirements for this job?”
• “Where you live?” (An employer may have legitimate concerns if the applicant will have an excessively long commute.)
• “Can you perform the job with or without reasonable accommodation?”

According to another LinkedIn article, there are more such questions.

The bottom line is: when interviewing job candidates, employers should stay focused on the job being interviewed for and determine whether the candidates meet the criteria for that position. Anything beyond that can venture into unwanted and potentially contentious territory.

Dawn Onley is a freelance writer based in Washington, DC