Avoiding Inappropriate Interview Questions

Interviewing candidates for your company can often time consuming and nerve-wracking process. While you want to find out as much as possible about the candidates and how they will benefit your company, you must avoid asking questions that are deemed inappropriate or illegal. The following are examples of ways to find out information about your candidate without being inappropriate and still respecting the limits of the law. Be careful about these topics during the interview.

Marital Status

Inappropriate: Are you married?, Is this your maiden or married name?, With whom do you live?

Appropriate: After hiring you will find out, marital status on tax and insurance forms

Parental Status

Inappropriate: How many kids do you have?, Do you plan to have children?, Are you pregnant?

Appropriate: After hiring, asking for dependent information on tax and insurance forms

Age

Inappropriate: How old are you?, What year were you born?, When did you graduate from high school?

Appropriate: Before hiring, ask if they are over the legal minimum age for the hours or working conditions, in compliance with state or Federal labor laws. After hiring, verify legal minimum age with a birth certificate or other ID, and ask age on insurance forms

National Origin

Inappropriate: Where were you born?, Where are your parents from?, What's your heritage?

Appropriate: Verifying legal U.S. residence or work visa status

Race or Skin Color

Inappropriate: What race are you?, Are you a member of a minority group?

Appropriate: Generally indicate equal opportunity employment.

Religion or Creed

Inappropriate: What religion are you?, Which religious holidays will you be taking off from work?, Do you attend church regularly?

Appropriate: Religion should not play a role in your hiring decisions.

Criminal Record

Inappropriate: Have you ever been arrested?, Have you ever spent a night in jail?

Appropriate: Questions about convictions by civil or military courts are allowed, if accompanied by a disclaimer that answers will not necessarily cause loss of job opportunity. Specific convictions, if related to fitness to perform the job. Employers can ask only about convictions and not arrests.

Disability

Inappropriate: Do you have any disabilities?, What's your medical history?, How does your condition affect your abilities?

Appropriate: Ask if they can perform specific duties of the job. After hiring, ask about medical history on insurance forms.