HR Management & Compliance

Interview Questions for Employers: Things You Cannot Ask

The requirements of fair employment laws prohibit you from asking certain questions during an interview.

  • You can’t ask any questions that might indicate a candidate’s age,
    for example, questions about when an applicant graduated from high
    school or college or other questions whose answers might suggest that a
    person was over age 40.
  • You can’t ask if an applicant is married, for example,
    whether the applicant’s wife will mind him working long hours or whether
    a candidate’s husband is likely to be transferred.
  • You can’t ask if an applicant has children or dependents. Nor can you ask questions about child care, pregnancy, or plans for having a family.
  • Questions about dating, love life, sexual orientation, or living arrangements are strictly off limits.
  • You can’t ask candidates questions such as: ‘How many sick days did you take last year?’ ‘Are you generally healthy?’ or ‘Do you have any chronic ailments?’
  • You can’t ask any questions about an applicant’s nationality,
    ancestry, national or ethnic origin, or parentage. You can’t ask if
    someone was born in the United States nor can you ask what language they
    speak at home or what kind of accent they have.
  • You can’t ask an applicant if he or she is a U.S. citizen or discuss the citizenship or birthplace of the applicant’s parents, spouse, or other relatives.
  • You cannot ask general questions about an applicant’s state of health.
    Nor can you ask whether an applicant has ever received workers’
    compensation. And you cannot ask if the applicant has any physical or
    mental disabilities.
  • Under no circumstances can you ask questions concerning an applicant’s religion.
    You can’t even ask if an applicant’s religion prevents him or her from
    working weekends or holidays or whether the person would need to take
    time off for observance of any religious days.
  • You cannot ask applicants whether they have ever been arrested or about their arrest records.

2 thoughts on “Interview Questions for Employers: Things You Cannot Ask”

  1. A good rule of thumb is to always remember to focus on the job rather than the applicant–the issue is never, for example, whether the applicant atttends church on Sundays, but whether or not the applicant is able to work an 8-4 shift on Sundays.

  2. A good rule of thumb is to always remember to focus on the job rather than the applicant–the issue is never, for example, whether the applicant atttends church on Sundays, but whether or not the applicant is able to work an 8-4 shift on Sundays.

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