According to a recent CareerBuilder survey, twenty percent of hiring managers have asked illegal questions during an interview without realizing it. Could you be doing the same?
If you have experience interviewing job candidates, you’ve probably had some training in the kinds of questions you can and can’t ask. But sometimes, it’s all in the phrasing. And sometimes, when trying to break the ice and ease the candidate’s nerves, you may inadvertently ask an illegal question. Here are five questions you should avoid when meeting with job candidates.
- How many kids do you have? You may be trying to make innocent small talk, but asking personal questions could get you into trouble. Try to avoid all questions about family and personal relationships, including whether a person plans to have kids, is about to get married or just got married, or any others that aren’t related to the job. If you need to know whether someone has outside obligations that might limit their ability to work the required hours, ask about flexibility or if they’re willing to work overtime.
- How did you celebrate the holidays? You wouldn’t ask a candidate where he goes to church (unless you’re interviewing him for a position at a religious institution, like a church or religious school). So avoid asking questions like this one that will probably indicate religious affiliation.
- Where do you live? Because this seemingly innocent question could be interpreted as a way to discriminate based on location, it’s illegal. If you really need to know because it’s important to the job, then ask the person if they are willing to relocate.
- When do you plan to retire? This isn’t going to come up often, but when you’re chatting with an older candidate, you don’t want to slip up and ask when they plan to stop working. That could lead to charges of age discrimination. Instead, ask about long-term career goals and plans if you’re trying to gauge how long the candidate plans to stay in the workforce.
- Where are you from? If a candidate has an accent or a different skin color, you may be curious – but asking about it may seem like you’re making assumptions about citizenship status. A candidate’s ethnicity, race, or country of origin has no bearing on their ability to do the job, so any questions that could be construed as digging for information in that vein are illegal. If you’re concerned whether the candidate is legally allowed to work in the United States, ask just that.
If the interviewee brings up any of these topics, try to redirect the conversation. Don’t discuss them further. Again, the most innocent of small talk can come back to haunt you in the case of an employment discrimination lawsuit.
For more information about hiring and best interview practices, check out the resources section of the Payroll Country website.