What are the Ten Most Common Interviewing Questions that Could Cause Legal Problems?

Unfortunately, there’s no neat list of illegal questions. Even if you don’t mean to discriminate, the implications of some questions that managers could ask during an employment interview may cause a court to declare them (and your firm) discriminatory. For instance, asking if an applicant can come to work on weekends may seem innocuous, but courts may rule it discriminatory if your only reason is based on religious belief.

Interview questions must be strictly job-related. Avoid questioning applicants about such subjects as:

  • Race, color, ethnic background, or family history.
  • Language usually spoken at home.
  • Membership in ethnic clubs or organizations.
  • Marital status.
  • Children’s ages or child-care arrangements.
  • Spouse’s occupation.
  • Sexual orientation or preferences.
  • Church attended or religious beliefs and practices.
  • Nature or extent of disabilities.
  • Medical history.
  • Age or birth date.
  • Arrest records.
  • Wage attachments or garnishments.

Also, you cannot ask questions that are asked of one sex only—for instance, you cannot ask only your female candidates if they can type.

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The simplest guideline is to focus on selection criteria that relate to the applicant’s qualifications for and ability to do the job you have to fill. If you do so, you’ll be heading in the right direction.

For instance, it is legal to ask if a person can meet the work schedule and attendance requirements, but it is illegal to ask specifics about the person’s spouse, the spouse’s employment, who will look after any children, or any previous medical problems. It is legal to ask about training and experience in the U.S. military but it is illegal to ask about reasons for discharge or about service in the military of other governments or for copies of discharge papers. It is legal to ask about how long the applicant plans to stay on the job or about any expected absences, providing the questions are asked of both men and women, but it is illegal to ask direct questions about previous pregnancies or possible future pregnancies. Want still more comparisons? It is legal to ask a person’s weight or height if either weight or height is a requirement for the job and no one can or has held the job without meeting the stated requirements. But it is illegal to ask about height or weight if there is no job requirement related to these things. It is legal to ask if a person can work lawfully in this country and can provide proof of this after hiring but it is illegal to request proof of citizenship or ask of what country the person is a citizen.