It's The Law!

Avoid Illegal Questions

As an interviewer, it's your job to find the best possible candidate for the position. Let's say you've narrowed the field down to two great candidates. Both are certainly qualified for the job, so it's a matter of who will "fit in" with the company. In the second interview, you want to be friendly and establish rapport. You ask them where they're from, when they graduated from college, how many kids they have and so on. Harmless questions, right? WRONG!

These simple questions are illegal. The Civil Rights Act of 1964 (Title VII) and the Americans With Disabilities Act has made asking about religion, race, ethnicity, marital status, sexual orientation, children and family plans illegal.

Here are some examples of illegal questions:

Age

• How old are you?
• When did you graduate? (High School or College)
• What is your birthdate? (year)

Marital / Family Status

• Are you married?
• Do you have any children?
• Are you planning to have children soon? Are you planning to have more children?
• What are your childcare arrangements?
• Are you divorced?
• Is your husband/wife employed?

Nationality

• Are you a US Citizen?
• Where are you from originally?
• What is your native language?

(It is acceptable to ask what languages a candidate can speak/write if it is relevant to the job responsibilities)

Disabilities

• Are you disabled in any way?
• Have you had any major illnesses?
• What is your medical history?
• Do major illnesses like heart disease or cancer run in your family?

(Interviewers can ask a candidate if they are able to perform the job duties.)

Miscellaneous

• What is your religion?
• What church do you belong to?
• How much do you weigh?
• What political party do you belong to?
• Do you smoke?

Just keep in mind that every question you ask should pertain to the job. The time to really get to know a candidate is after they become an employee!

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