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Questions that stray from this goal are often problematic and can get the employer into legal trouble or can raise red flags for discrimination claims. Let’s take a look at some of the topics that should be off-limits.
Don’t Ask About Marital Status
Asking any questions related to marital status can imply that this matters for employment, which it does not. It’s illegal to discriminate based on marital status or gender, and should be irrelevant to a person’s ability to perform the job. As such, by asking such questions, it could appear that the organization has a discriminatory preference.
This could include questions about someone’s maiden name, for example. Similarly, an employer should steer clear of questions about children or whether someone is planning on starting or expanding his or her family.
Learn the ups and downs of recruiting assessment tools and technology on Wednesday, November 4, 2015, with a new interactive webinar—Recruiting Assessment Tools and Technology: Better than Interviews? Learn More
Stay Away from Driver’s License Status
This one might seem odd, since it isn’t an obvious form of discrimination. However, asking about whether an applicant has a driver’s license can actually be risky—unless of course it is required to perform the duties of the job itself.
In the absence of the need to have a driver’s license to perform the job, employers often think they should ask this to ascertain whether the individual will be able to get to work on time, but that goal can be accomplished in many ways that do not require a driver’s license. And lack of a driver’s license as a disqualifying factor for employment can disproportionately affect some groups—and therein lies the problem. This becomes a question that can have a disparate impact on a protected group, and thus should be avoided.
You Don’t Need to Know His or Her Religion
Since it’s illegal to discriminate against someone based on his or her religion, this one should be obvious, but that’s not always the case. Unfortunately, it’s easy to turn seemingly innocuous inquiries into questionable territory. For example, asking a question about which holidays a person observes is a way of indirectly asking about religion. That question could insinuate that the religion of the individual will be taken into account.
Another example to be careful of here: asking questions about what organizations an applicant belongs to. This can also inadvertently turn up information about religious affiliation—or other information related to items on this list.
Where the Candidate Was Born Doesn’t Matter
It may seem like small talk, but asking questions like “Where are you from?” can seem as though you’re requiring the applicant to divulge information about race or national origin. Both of these are protected classes. While technically this type of question is not illegal, it would definitely raise red flags because it could give the appearance of caring about race, and thus give fodder for a discrimination lawsuit. Likewise, steer clear of questions about native language and other related items.
Disabilities Are a Private Medical Matter
The Americans with Disabilities Act prohibits discrimination based on disability. The real question for employers is not whether an individual has a disability (don’t ask that!) but whether the individual can perform the essential functions of the job, with or without reasonable accommodation.
Keep Your Questions away from Union Status
You don’t want to appear to be discouraging union formation, which could be going against employee rights under the National Labor Relations Act. Employers also cannot refuse to hire someone simply because he or she is or was a member of a union. As such, it’s better to avoid the question entirely during the interview process.
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Financial or Credit Status Is Private Information
Perhaps you’ve seen this one in the news lately. Senator Elizabeth Warren is promoting a bill to stop employers from asking for credit reports for potential new employees except in cases where financial status is directly related to the job. (Such is the case for jobs with security clearance, for example, as those jobs could be subject to blackmail if there are credit problems.)
This is yet another situation in which financial ratings and history should not be criteria for job selection unless there is a direct correlation with the job at hand. The problem with doing so is that a problematic credit history does not necessarily correlate to job performance—yet credit problems are disproportionally likely to affect some protected groups. It’s yet another case of disparate impact. There’s also the issue of widespread errors on credit reports, causing problems for people with otherwise good credit.
Tomorrow, more interview topics to avoid plus an introduction to an interactive webinar, Recruiting Assessment Tools and Technology: Better than Interviews?