Watch Out! Are Your Interview Questions Illegal?

 

Everyone involved in your company’s interview process needs to know there are certain questions that are off limits.

Recruiters and Human Resources professionals are likely trained on what they can and cannot ask candidates during an interview, but what about other stakeholders involved in the interview process? At an expansion-stage company (or any company for that matter) it’s likely that hiring managers and other stakeholders within a company have not been provided with this type of training, and therefore have no idea what illegal interview questions they cannot ask.  Various local, state, and federal laws regulate the questions a prospective employer can ask a candidate who is interviewing for a role. Many illegal interview questions are easy to steer clear of, but others may surprise you. For starters, an interviewer should not ask a candidate about their age, race, gender, sexual orientation, national origin, marital or family status or disabilities. To keep your team up-to-snuff — and your company out of legal trouble — check out the list of illegal interview questions to avoid, and some helpful, legal substitution questions below:

Area of Inquiry	Illegal	Legal
Work/Visa Status, Nationality	Are you a U.S. citizen? Where are you from? Where were you born? Is English your first language? What is your native language?	Are you authorized to work in the US? Can you show proof of your eligibility to work in the US? What languages do you speak?
Family and Marital Status	Are you married? Do you have children? How many children do you have? Do you plan to have children? What childcare arrangements do you have? Have you been divorced? Who is your closest relative to notify in case of an emergency? What is your maiden name?	Are you willing and able to put in the amount of overtime and travel the position requires? Are you willing to relocate? What hours and days can you work? Do you have responsibilities other than work that will interfere with the specific job requirements? In case of emergency, who should we notify?
Age	How old are you? What year did you graduate? How long have you been working?	Do you have any concerns about working the long hours and travel schedule that this job requires?
Health, Disability Status, Physical Ability	How is your health? Are you pregnant or planning to become pregnant? Do you have any disabilities or medical conditions? Do you smoke/drink? Do you take drugs? How tall are you? How many sick days did you take last year?	Are you able to perform this job with or without reasonable accommodation? Do you use illegal drugs? How many unscheduled days of work did you miss last year?
Religious Affiliation	What is your religious affiliation? Do you observe [insert religious holiday]? Do you belong to a club or social organization? Was [insert school name] a [insert religious affiliation]?	None
Conviction Record, Arrest Record	Have you ever been arrested?	Have you ever been convicted of a crime?
Military record	Are you in the National Guard (or any reserve unit)? What type of discharge did you receive from the military?	What type of education, training and work experience did you receive in the military?
Credit	Do you own your own home? Have you ever declared bankruptcy?	None. Credit reference may be obtained if in compliance with the Fair Credit Reporting Act of 1970 and the Consumer Credit Reporting Reform Act of 1996)
Residence	How far is your commute? Do you live nearby?	Are you able to start work at 8am? Are you willing to relocate?
Race, Gender , Sexual preference	Do you prefer to be addressed by Ms., Mrs., Mr., or Miss? ANY question that would indicate race or color.	None