Introduction

The interview process is a critical juncture in the talent acquisition pipeline. It’s the opportunity for employers to delve into a candidate’s skills, experiences, and cultural fit. However, it’s crucial to remember that not all questions are permissible. There are certain questions that, while frequently asked, are actually illegal under various employment laws. These questions can inadvertently lead to discrimination and bias, making it crucial for both interviewers and interviewees to be aware of them.

Understanding the Legal Landscape

Before we delve into the specifics, it’s important to understand why certain questions are deemed illegal. In the United States, the Equal Employment Opportunity Commission (EEOC) enforces laws that protect applicants and employees from discrimination in all aspects of employment, including the interview process. These laws prohibit discrimination based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information.

Age-Related Questions

One of the most common areas where interviewers can unintentionally cross the line is with age-related questions. It might seem harmless to ask a candidate when they graduated from college or high school, but these questions can be used to determine a candidate’s age, which is protected under the Age Discrimination in Employment Act (ADEA). Instead, employers should focus on the candidate’s skills and experiences related to the job. For instance, rather than asking about the year of graduation, ask about the number of years they’ve spent in their field or specific experiences that qualify them for the role.

Family and Marital Status

Questions about a candidate’s family status, including whether they are married, have children, or plan to start a family, are also off-limits. These questions can lead to discrimination based on sex or family responsibilities. The Pregnancy Discrimination Act (PDA) prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. Employers should focus on the candidate’s availability and willingness to travel if it’s a job requirement, rather than their family commitments. For example, instead of asking about their family situation, ask if they’re able to meet the travel requirements of the job.

National Origin and Citizenship

Another common pitfall is questions related to a candidate’s national origin or citizenship. Asking questions like “Where were you born?” or “Are you a U.S. citizen?” are not allowed under the Immigration Reform and Control Act (IRCA). Instead, employers can ask if a candidate is authorized to work in the U.S. without specifying citizenship. This ensures that you’re complying with the law while still obtaining necessary information about the candidate’s work eligibility.

Health and Physical Abilities

Questions about a candidate’s health, physical abilities, or disabilities are also illegal under the Americans with Disabilities Act (ADA). This includes questions about a candidate’s general health, medical history, or whether they have a disability. Employers can ask if a candidate can perform the essential functions of the job, with or without reasonable accommodation. For example, instead of asking about a candidate’s health or physical abilities, ask if they’re able to perform specific tasks that are integral to the job.

Religion

Questions about a candidate’s religious beliefs or practices are prohibited under Title VII of the Civil Rights Act. This includes questions about religious holidays, practices, or affiliations. Employers can discuss work schedules and expectations, but they cannot ask directly about a candidate’s religious commitments. For instance, instead of asking about religious holidays, ask if the candidate is able to work on the required schedule.

Advice for Conducting an Effective Interview

Prepare Ahead of Time: Understand the job requirements and prepare your questions in advance. This helps you stay focused on the job-related competencies and avoid straying into illegal territory.
Job-Related Questions: Keep your questions focused on the job and the skills needed to perform it. This not only helps you stay within legal boundaries, but it also gives you the most relevant information about the candidate’s ability to do the job.
Consistency is Key: Ask all candidates the same set of questions. This ensures fairness and allows you to compare candidates based on the same criteria.
Avoid Assumptions: Don’t make assumptions about a candidate’s ability to do the job based on their age, gender, family status, or any other protected characteristic. Evaluate each candidate based on their skills and qualifications.
Train Your Interviewers: Make sure anyone involved in the interview process is trained on what they can and cannot ask. This helps prevent illegal questions and potential discrimination.
Know the Law: Familiarize yourself with the laws related to employment and discrimination in your state. This will help you understand what questions are off-limits and why.

Conclusion

The interview process is a delicate balance of getting to know a candidate while respecting their legal rights. While it’s important to assess a candidate’s fit for a role, it’s equally important to ensure that the process is fair, unbiased, and respectful. By avoiding these illegal questions, employers can create a more inclusive and equitable hiring process.

Remember, the goal of an interview is to assess a candidate’s ability to perform the job, not to delve into their personal life. As a rule of thumb, if a question isn’t related to the job requirements, it’s best to leave it out of the interview.