Hiring a new employee for your company can be overwhelming for many parties involved. There is pressure in inviting a new candidate to join your team. You must make sure they fit the team well culturally as well as bring the necessary skills to do their job well. One of the best ways to gauge these things is to conduct an in-person interview.
In a competitive job market, it’s important to not only conduct your interviews efficiently but appropriately. Some companies treat interviews as an afterthought without wondering what they should and should not ask. Luckily the Equal Employment Opportunity Act (EEOA) provides guidelines to prohibit employers from asking questions that lead to discrimination.
Key Takeaways
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You can not ask candidates questions about their age, race, ethnicity, gender, sex, sexual orientation, gender identity, country of origin, religion, disability, marital status, family status, pregnancy, or salary history.
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It’s recommended to come prepared for the interview with specific questions that relate directly to the job at hand. This will help you avoid any potentially problematic interview questions.
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If a business violates the Equal Employment Opportunity Act (EEOA), it may be subject to a penalty. As of February 2022, the fine is $612 per EEO violation.
Common Interview Questions to Avoid
Sometimes when you’re interviewing a candidate, it’s natural to fall into general conversation. This can lead to dangerous questions, whether you intend them or not, so it’s important to come as prepared as possible for the interview. Consider specific questions you’d like to ask your candidate to gauge how well they will perform. Below, we discuss questions to avoid.
Geography
Although asking a candidate where they are from seems like a natural question, it can be a slippery slope for interviewers. You may interview candidates with different accents or who may have worked in different geographical locations. It’s important to put your curiosity away and avoid asking them directly where they are from.
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against someone based on their national origin. Instead, try asking them if they are eligible to work in the United States and can provide appropriate documentation. Along the same lines, employers should not ask whether the candidate owns or rents their home or who they live with.
Similarly, employers should not ask candidates if English is their first language. If English as the first language is relevant to the job at hand, try asking what other languages your candidate might be able to read, speak, or write fluently. This avoids the likelihood of being accused of discrimination.
Marital Status
This question may pop into your head as you conduct an interview as a general pleasantry, but it’s a good idea to steer away from it. Employers are not allowed to discriminate against employees based on their gender or marital status. Instead, try asking your candidate if they have ever worked under another name.
Be sure you ask this question to all candidates, regardless of gender. This question can catch things like if your candidate has a certain reputation, if they have works or accomplishments under different names, or if they are in the process of changing their name for a variety of different reasons. This can also be helpful during a background check.
Age
Most interviewers know to stay away from the “How old are you?” question, but it’s also advisable to stay away from asking your candidate when they graduated high school or college or when they started working. Based on the Age Discrimination in Employment Act of 1967, people 40 or older are exempt from discrimination because of their age.
In some instances, a minimum age requirement is essential, such as working at a place that sells alcohol or tobacco. In this instance, it’s appropriate to ask your candidate if they are over the age of 18 (depending on your state) to be legally eligible to work in the environment they’re applying for.
Pregnancy or Family Planning
During an interview, it is not appropriate to ask your candidate if they have children or are planning on having a family. These questions promote gender imbalance and have historically led to employers not hiring women because they fear they may need time off for maternity leave or have to take extra time off to care for their children.
There is no alternative to this question. Asking a candidate if they are planning a family, if they are pregnant or plan to be pregnant, or if they have childcare arrangements is illegal. It reveals personal information that employers are not allowed to use when making a hiring decision. Instead, focus on questions relevant to the job at hand.
Disabilities and Health
Questions surrounding disabilities and health are not appropriate to ask during an interview. You can not ask your candidates if they have ever filed a worker’s compensation claim or directly ask if they have a disability or how their health is. This includes questions surrounding height, weight, or any physical or mental limitations.
Some jobs have certain duties that may require physical effort, such as lifting or physical ability requirements. Employers are allowed to ask if an applicant is able to perform the essential functions of a job. The best way to do this is to describe the requirements and ask your candidate if they are able to execute these job requirements.
Salary History
In an effort to combat pay discrimination based on gender or nationality, it’s a good idea to steer clear of salary history questions. Certain states make this question outright illegal, while some cities like Philadelphia, New York City, and New Orleans have done the same. Even if it does not apply to where your business operates, don’t ask candidates about their current salary.
Instead, do market research on the role you’re hiring for and determine the salary upfront. During the interview, make the salary known to the candidate to ensure they are still interested in the position. This is the best way to ensure women and minorities are not stuck in a perpetual cycle of pay discrimination.
Job Interview Questions FAQ
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Can I ask a potential candidate how old they are in an interview?
It is advised not to ask potential candidates how old they are in interviews. People above the age of 40 are protected by Age Discrimination in Employment Act of 1967, which protects them from age discrimination.
To avoid crossing the line and potentially discriminating against a candidate, do not ask them their specific age.
However, if you are hiring for a position that requires the employee to be of a certain age — such as a place that sells controlled substances, you can ask if they are over the age of employment for them to legally be employed.
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Do I have to ask all candidates the same exact questions?
Yes, it is advised to ask all candidates the same exact questions, regardless of their age, gender, sex, religion, or ethnicity.
Asking different questions to different candidates opens the door for the company to be flagged for discrimination and has the potential for hefty fines.
Asking your candidates the same questions ensures that you have consistency in your decision-making process. Keep your interview questions to the knowledge, skills, and abilities required to be successful in the role.
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What are some taboo questions to stay away from during a job interview?
Although taboo topics aren’t illegal, per se, they can lead to conversations that toe the line between legal and illegal and can place the employer in a bad light.
Some topics to avoid can include alcohol or drug consumption, dating or nightlife habits, or things like a high school graduation date.
You should also steer away from questions that probe at the employee’s ability to work full-time, family planning, or place of origin. You should never ask about health, such as asking how many sick days or medical leave an employee may have needed in the past.
Author
Caitlin Mazur
Caitlin Mazur is a freelance writer at Zippia where she has written 140+ articles that have reached over 1 mil viewers as of June 2023. Caitlin is passionate about helping Zippia’s readers land the jobs of their dreams by offering content that discusses job-seeking advice based on experience and extensive research.
