10 Illegal and Legal Questions to Ask During a Job Interview

10 Illegal and Legal Questions to Ask During an Interview With an Applicant

When you’re hiring a new employee, it’s important to ask the right questions. You want to make sure that you’re getting the best possible candidate for the job, and that means asking some tough questions. But have you considered that there are some illegal questions and legal questions to ask during an interview with an applicant? As some are just illegal to ask and some questions are legally allowed, but could still get you in trouble. In this blog post, we will go over some of the common questions you should avoid. We’ll also talk about employee rights and how to stay within the law while still getting the information you need.

So let’s get started with 10 illegal and legal questions to ask during an interview with an applicant!

Illegal Questions:

1. Marital Status/Children
2. Sexual or Gender Identity
3. Religious or Political Affiliations
4. Race or Ethnicity
5. Age
6. Country of Origin/Ethnicity
7. Financial Status
8. Disability
9. Weight/Lifestyle
10. Discriminatory-Related to Gender/Race/Age

Legal Questions

1. Schedule Availability
2. Past Training/Work Experience in Specific Fields
3. Relevant Skills
4. Work Authorization for Location
5. Education/Certifications
6. Wage Expectations
7. References
8. Personality Questions
9. Special Accommodations to Perform the Job
10. Current Use of Illegal Drugs

And there you have a quick summary of 10 of the most common illegal and legal questions that may be asked in an interview with an applicant. Now let’s go over why these questions are illegal or not and how you can make sure to protect current and future employee rights.

Why Demographic Questions Are Illegal for an Employer to Ask

Questions that are illegal for an employer to ask during an interview are those which may lead to discrimination against a protected class. This includes questions about race, ethnicity, gender, religion, and disability. By law, employers cannot discriminate against applicants or employees based on these demographic characteristics. Asking these questions in an interview could be used as evidence of discriminatory hiring practices.

Some questions may also be illegal under state or local laws. For example, some states have laws that protect employees from discrimination based on their marital status or sexual orientation. Asking about these things in an interview could lead to a lawsuit. So make sure to not ask these types of questions so you can avoid any legal trouble.

Don’t Get Too Personal

Another type of question that is illegal is personal questions like marital status or if your applicant has children. These questions are not relevant to the job and could be used to discriminate against the applicant. For example, an employer might not hire a woman if they think she may get pregnant and take maternity leave. Asking these types of questions is illegal and can lead to a lawsuit.

Also asking about marital status can reveal sexual orientation which is a protected characteristic in many states. In addition, questions involving someone’s age like what year they graduated high school can also be used to discriminate against someone.

You may be thinking, “but wait, I see these types of questions on job applications all the time! ” While this is true when these questions are asked on a job application they are not being used to make a hiring decision. The Equal Employment Opportunity Commission (EEOC) has said that these types of questions can be asked on a job application as long as they are not used to make hiring decisions.

Employee Rights to Privacy

Employees and applicants have certain rights of privacy, not only in the workplace but in an interview as well. Asking questions about an applicant’s personal life or finances can invade their privacy. For example, asking about someone’s weight or how they spend their free time is not relevant to the job.

Another type of question that invades employee privacy is asking about possible disabilities. An employer cannot ask about an applicant’s disability unless it is relevant to the job. For example, if the job requires lifting heavy objects, the employer can ask if the applicant is able to lift heavy objects. But, they cannot ask if the applicant has a disability that would prevent them from doing the job.

Avoid Discriminatory Questions

You have to be careful about not asking legal questions in a discriminatory way. This means you can’t ask specific questions to your female applicants that you wouldn’t ask the male applicants. For example, you can’t ask a female applicant if she plans on having children in the near future. This would be considered discrimination based on gender. Before you plan out your interview questions, ask yourself these things:

• Is the question relevant to the job?
• Could the question be used to discriminate against a protected class?
• Is the question invasive of an applicant’s privacy?
• Would I feel comfortable answering this question if I were being interviewed?
• Would I ask this question to everyone, regardless of gender/race/religion/etc.?
• Could this question be used to discriminate against someone in a protected class?

If you can answer yes to all of these questions, then go ahead and ask the question. But if you can’t, then it’s best to avoid the question altogether. When in doubt, err on the side of caution and don’t ask the question. It’s not worth getting into legal trouble over something that is not relevant to the job.

How to Get the Information You Need Without Asking Illegal Questions

There are a few ways to get the information you need without asking illegal questions. One way is to ask questions that are not specifically about the protected characteristic but may still give you some insight. For example, instead of asking “What is your citizenship status or country of origin?” you could ask “Do you have proper legal authorization to work within this country?” This question does not ask about citizenship status or country of origin specifically, but it does give you the information you need.

You can also use questions about an applicant’s ability to do the job as a way to get information about a disability. For example, you can ask “Can you lift 50 pounds?” instead of “Do you have a disability that would prevent you from lifting 50 pounds?” This question is relevant to the job and does not ask about a possible disability specifically.

Asking the Right Questions

Now that we’ve gone over some of the questions that are illegal to ask in an interview, let’s talk about some legal questions that you can ask. These questions will help you get to know the applicant and their qualifications for the job. Here are some great questions you are allowed to ask (and are great for finding the right employee.)

• What are your qualifications for this job?
• What is the highest education you have completed?
• Can you give me an example of a time when you had to solve a difficult problem?
• Tell me about a time when you had to go above and beyond your job duties.
• What are your strengths and weaknesses?
• Do you have experience as a (job title)?
• Can you offer references for your previous work experiences?
• Do have computer (or machinery etc.) skills?
• Can you speak any other languages?
• Do you currently use illegal drugs, would you submit to a drug test?
• Are you available to work full-time/overtime/weekends?

By asking these questions, you will get to know the applicant and their qualifications for the job. These are all legal questions that you are allowed to ask in an interview. Asking these questions will help you find the best employee for the job.

The Bottom Line – Employee Rights

Now that we’ve gone over some of the illegal and legal questions that you can ask in an interview, it’s important to understand employee rights. Employees have certain rights that employers must respect. These rights include the right to be free from discrimination, the right to privacy, and the right to a safe and healthy workplace. Employers must also provide employees with a written job description and a copy of the company’s policies.

As an employer, it is your responsibility to make sure that you are not violating any of your employee’s rights. If you have any questions about what you can and cannot do, it is best to consult with an attorney or HR professional. Violating an employee’s or applicant’s rights can result in serious legal consequences.

By understanding the employee rights and what questions you can ask in an interview, you can help ensure that you are hiring the best employees for your business. Asking the right questions will help you find qualified candidates and avoid any legal trouble. Thanks for reading today and good luck!

Related Questions

Is it legal for an employer to check an applicant’s Facebook profile?

While this depends on the state you live in, generally it is legal for an employer to look up an applicant’s social media profiles before hiring. However, if it is found that they are using this information to discriminate against an applicant, then it is not legal. Such as seeing that a woman has announced a pregnancy and chooses not to hire her based on that.

Can an employer ask for an applicant’s credit report?

In some states, employers are allowed to ask for an applicant’s credit report. However, they must have the applicant’s written permission first. Employers should only use this information if it is relevant to the job.

Can an employer ask an applicant for their driver’s license?

Yes, an employer can ask to see an applicant’s driver’s license. This is generally done to ensure that the applicant has a valid driver’s license and is able to legally drive if the job requires it. This can also be used in conjunction with a background check.