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Illegal Questions to ask in an Interview

September 9, 2024

“To ask or not to ask?” That’s the million-dollar question in job interviews. And when it comes to topics like race, gender, age, religion, sexual orientation, or disability? The answer is a resounding “No!”

Let’s face it – job interviews are like a first date for your career. You’re trying to figure out if this person is “the one” for the job and if they’ll fit in with your work family. But just like you wouldn’t ask your date about their medical history over appetizers, there are some questions that are totally off-limits in the interview room.

Why the big fuss? Well, it’s not just about being polite. There are actual laws and ethical guidelines in place to prevent discrimination in hiring. Asking about these sensitive topics can make you look biased (even if you’re not trying to be) and could even land your company in hot water legally.

The Danger Zone: Questions to Avoid

An HR guru from a tech company in Boulder, CO puts it bluntly: “There are tons of questions that are big no-nos in interviews because they’re discriminatory and have nothing to do with whether someone can rock the job.”

So what’s off the table? Anything about:

  • Sexual orientation
  • Marital status
  • Family plans (No “When are you having kids?” please!)
  • Religion
  • Age (Asking for a high school graduation date is sneaky, but still a no-go)
  • Ethnicity

Here’s the deal: If a candidate feels like they didn’t get the job because of one of these factors, they could claim discrimination faster than you can say “lawsuit.”

The Golden Rule of Interviews

Keep it consistent and keep it relevant. Ask everyone the same core questions that focus on what really matters:

  • Can they do the job?
  • Will they mesh with the team?
  • Are they excited about the company’s mission?

Now, there are some exceptions. If lifting heavy objects is a legit part of the job, you can ask about physical abilities. But tread carefully, my friend.

Sneaky Questions That Seem Okay (But Aren’t)

Even well-meaning interviewers can accidentally wander into dangerous territory. Watch out for questions like:

  • “Your name is unique; where are you from originally?”
  • “Do you have kids? What’s your childcare situation?”
  • “What year did you graduate college?”

The Safe Zone: Questions You Can Ask

Don’t worry, you’re not limited to asking about the weather. These questions are totally fair game:

  • “Can you meet the attendance requirements for this job?”
  • “Where do you live?” (If the commute is super long, it’s a valid concern)
  • “Can you perform the job duties, with or without reasonable accommodation?”

The Bottom Line

Interviews should be like a laser – focused on whether the person can do the job and fit the team. Straying into personal territory isn’t just awkward, it’s a legal minefield. Keep it professional, keep it relevant, and you’ll find your perfect candidate match – no lawsuits required!

Remember, being a savvy interviewer isn’t just about knowing what to ask, but also understanding what not to ask. It’s all part of creating a fair and welcoming workplace for everyone. And hey, who doesn’t want that?

Disclaimer: The information provided on this blog page is for general informational purposes only and should not be considered as legal advice. It is advisable to seek professional legal counsel before taking any action based on the content of this page. We do not guarantee the accuracy or completeness of the information provided, and we will not be liable for any losses or damages arising from its use. Any reliance on the information provided is solely at your own risk. Consult a qualified attorney for personalized legal advice.

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