When searching for the perfect candidate to fit a role in your business, it’s just as important for you to prepare for the interview as it is for the applicant to do the same. You should be thinking about the thoroughness of the questions, but you should also be thinking about the legality of what you’re asking.
There are certain questions that you cannot ask in an interview because federal and state laws prohibit it. Protect yourself and your business by familiarizing yourself with what are acceptable and unacceptable interview questions to ask candidates.
Table of Contents
- Why are some interview questions unacceptable?
- What qualifies as illegal interview questions?
- Illegal interview topics you must avoid
- 12 examples of acceptable and unacceptable interview questions
- Acceptable and unacceptable interview questions FAQ
Why are Some Interview Questions Unacceptable?
Some interview questions are considered unacceptable because they can actually be against the law. Different states and the federal government have laws that say certain questions just can’t be asked during an interview.
These laws are there to protect people from discrimination based on things like their race, gender, religion, age, or disability. It’s not fair to judge someone based on these factors, and that’s why these questions are a big no-no.
You need to be aware of these laws and make sure you ask fair and legal questions that focus on a person’s qualifications and skills for the job. That way, everyone has a fair shot at getting hired.
With HR and compliance software like Homebase, it’s easy to keep track of the labor laws in your area.
What Qualifies as Illegal Interview Questions?
Illegal interview questions are those that violate anti-discrimination laws, which aim to protect people from unfair treatment based on certain personal characteristics.
Illegal Interview Topics You Must Avoid
Questions About Age
It’s illegal to ask someone’s age or date of birth during an interview, since it can lead to age discrimination. The Age Discrimination in Employment Act (ADEA) in the United States protects individuals aged 40 and above from age-based discrimination.
Questions About Marital Status or Family
Asking about a candidate’s marital status, family plans, or whether they have children is generally prohibited. This helps prevent discrimination based on gender, family responsibilities, or the likelihood of taking time off work.
Questions like this may violate the Title VII of the Civil Rights Act and the Pregnancy Discrimination Act.
Questions About Religion
Asking about a candidate’s religious beliefs, practices, or affiliations is not allowed. This protects individuals from religious discrimination under Title VII of the Civil Rights Act.
Questions About Disabilities
It’s illegal to ask about a candidate’s disabilities or medical conditions. The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities, and asking such questions may infringe upon their rights.
Questions About Race, Ethnicity, or National Origin
Inquiring about a person’s race, ethnicity, or where they were born is unlawful. These questions can lead to racial or ethnic discrimination and go against the protections provided by Title VII of the Civil Rights Act.
Questions About Gender or Sexual Orientation
Asking about someone’s gender identity or sexual orientation is generally not permitted. These questions can lead to discrimination based on gender or sexual orientation and may violate state laws or local ordinances that provide protection against this kind of discrimination.
12 Examples of Acceptable and Unacceptable Interview Questions
1. Name
Acceptable: “Have you ever worked for this company under another name?”
Unacceptable: “Have you had any other names?” “What is your maiden name?”
Why: Asking about a change in last name could lead to learning if an employee is married or unmarried. It is illegal in several states to discriminate against someone for their marital status.
2. Birthplace
Acceptable: There are no acceptable questions surrounding an applicant’s birthplace.
Unacceptable: “Where were you born?” “Where were your parents born?”
Why: Again, there are no acceptable questions about where a candidate was born because it could potentially lead to the belief that you discriminated against their nationality.
3. Age
Acceptable: “Are you over 18 years of age?” If you’re interviewing for a driver, you can ask if the applicant is over 21 years of age.
Unacceptable: “How old are you?” Any questions you gear towards figuring out the age of the applicant are unacceptable.
Why: The only time it is acceptable to ask how old an applicant is, is if the job requires an employee of a certain age, otherwise, the applicant can see it as ageism. Some applicants will put a date of birth on their resume.
4. Religion
Acceptable: There are no acceptable questions surrounding an applicant’s religion.
Unacceptable: Any questions about a person’s religion or what days they may need off for religious holidays are unacceptable.
Why: You are prohibited by law from discriminating against an employee on the basis of religion.
5. Work Schedule
Acceptable: “Can you meet the attendance requirements of the position for which you’re applying?”
Unacceptable: “Do you have any health conditions that would lead to absences from work?”
Why: It is against the law to discriminate against an applicant due to their potential disability.
6. Race
Acceptable: There are no acceptable questions about the applicant’s race or color.
Unacceptable: Any questions that are geared towards determining the race of the applicant are unacceptable.
Why: Trying to figure out an applicant’s race could lead to the assumption that you are discriminating against them because of their answer.
7. Citizenship
Acceptable: “Will you be able to prove you are employable if you are offered the job?”
Unacceptable: “What nationality are you?”
Why: Again, discriminating against an applicant because of their nationality is illegal, however, most jobs in the United States require candidates to be a u.s. citizen.
8. National Origin
Acceptable: “What languages can you read, write or speak?” “How fluent are you?”
Unacceptable: Any questions about an applicant’s lineage or date of entry into the U.S.
9. Education
Acceptable: “Tell me about your educational background.”
Unacceptable: “When did you graduate high school?” “When did you receive your degree?”
Why: This again pertains to discriminating against someone because of their age.
10. Experience
Acceptable: “What is your work experience?” “Do you have experience with the U.S. Armed Forces?” “Why did you leave your last job?”
Unacceptable: “What type of discharge did you receive from the military?”
Why: Laws prohibit you from discriminating against military members who were honorably discharged, but you may also run into discrimination trouble if the applicant’s discharge was less than honorable.
Criminal Background
Acceptable: Only follow-up inquiries to the application are acceptable.
Unacceptable: “Have you ever been arrested/indicted for a crime?”
Why: You are not allowed to inquire about an applicant’s criminal background after the interview.
11. Relatives
Acceptable: “Do any of your relatives work for the company?” “What are their names?”
Unacceptable: “Are you married?” “What relatives live with you?” “With whom do you reside?”
Why: This line of questioning could lead to uncovering if the applicant is married or has children, which can be illegal to discriminate against.
12. Physical Condition
Acceptable: “Can you perform the essential functions of the position for which you are interviewing?”
Unacceptable: “Are you disabled?” “Are you healthy?” Any questions concerning Workers’ Compensation claims are also unacceptable.
Why: Again, it is illegal to discriminate against an applicant for their potential disability.
If you need more help with hiring and interviewing, Homebase has a great solution. Check out our Hiring and Onboarding page and how to reduce interview no-shows to learn more about how we can optimize your hiring process and help find you the best possible candidate quickly and easily.
Acceptable and Unacceptable Interview Questions FAQs
What are Some Good Job Interview Questions?
Here’s a list of some acceptable questions to ask a candidate during a job interview:
- Can you tell me a little about yourself and your work history?
- Do you have any salary expectations?
- What do you consider to be your greatest weakness?
- Can you give me some good reasons we should hire you?
- What do you consider to be your greatest strength?
- Do you have any salary expectations?
- Can you tell me why you chose to leave your previous company?
What is the Best Way to Prepare for an Interview?
The interview process takes practice. Thinking of job-related information, and trying to keep it organized is a good first step. Here are some helpful tips for interviews:
- Know your job candidates, or at least as best you can, based on the application, resume, and references.
- Understand the job requirements and job description.
- Prepare many of your questions in advance, as well as answers to questions from the candidate.
- Understand what is considered illegal interview questions, and know how to avoid them.
- Use an interview scoring sheet to help rate and measure applicants
What are Interviewers Not Allowed to Ask?
In most cases, interviewers are absolutely not allowed to ask about things like the sexual orientation of the candidate, the current address of the candidate, religious affiliation, medical history, and unless relevant to the position, arrest records, and criminal records.
Remember: This is not legal advice. If you have questions about your particular situation, please consult a lawyer, CPA, or other appropriate professional advisor or agency.
