Did you know that some questions are illegal to ask in a job interview? Let’s dive in:
Hiring is usually a personal experience. You’re trying to figure out whether a candidate is a good fit for your team, culture, and workplace. So it’s natural to want to get to know the person sitting across from you. But here’s the thing: some of the most natural, casual questions you might ask in a conversation are illegal in a job interview. And the cost of asking them, even as you try to build rapport, can be high.
One of the quickest ways a business gets into legal trouble is to make a mistake during the hiring process. Our team at 45 Solutions is here to help ensure your hiring process is fair and standard. This includes the questions you can ask in interviews.
Avoid Anything Personal
Age, marital status, whether they have children, their religion, national origin, race, and sexual orientation are all out of bounds. These details are all demographics of protected classes under federal and state employment law. Questions that touch on them, even innocently, can be used as evidence of discriminatory hiring.
We can work together to ensure that both direct and indirect questions are legal. You see, even casual small talk can get you in trouble. Asking about someone’s weekend plans might seem harmless, but if it leads to a conversation about their church, their family, or where they are from, you’ve now introduced protected class information into your hiring process. Keep it professional and focused on work.
Don’t Ask About Disabilities
Under the Americans with Disabilities Act, you cannot ask a candidate if they have a disability, and employers often blunder this when asking about ability based on a visible disability.
What you can do is describe the essential functions of the job and ask whether the candidate is able to perform them.
For example, instead of asking “Do you have any health issues that might affect your work?” which is a question that is completely off-limits, you can ask: “This role requires standing for up to four hours per day and lifting up to 30 pounds. Are you able to perform these functions?”
Stay focused on the job, not the person’s medical history.
Citizenship, Heritage, and Resume Gaps
You cannot ask where someone is from, whether they were born in the United States, or about their national heritage. These questions can be perceived as discriminatory and are treated as discrimination based on national origin. On the other hand, you are allowed to ask whether they are legally authorized to work in the United States.
If there are gaps in a candidate’s resume, you can absolutely ask about them, why they stopped working, or what they were doing during that time. However, you must be thoughtful and neutral with your approach. A simple question, such as, “I noticed a gap here; can you tell me more about that time period?” is appropriate. What is not appropriate is pressing for details about medical leaves, pregnancy, caregiving responsibilities, or anything else that crosses into personal territory.
Keep Your Notes Clean
Your interview notes are discoverable. That means if a candidate files a discrimination complaint, your notes can be used in the lawsuit. Make sure what you’re writing down relates only to the candidate’s qualifications, responses, and professional suitability for the role. Notes like “seemed tired, might have young kids,” or “strong accent” have no place in a hiring decision and can come back to haunt you and your attorneys.
One of the best ways to protect you and your business is standardization. Creating and using a standard set of questions for every interview is a great tactic that will help you ask only legal questions and avoid hot water.
So What Can You Ask?
There are many legal questions that you are allowed to ask and should ask as part of a thorough job interview. Ask the candidate about their career history, skills, strengths, and weaknesses. Ask about how they’ve handled challenges, what they’re looking for in a role, and how they work on a team. Ask questions that help you understand whether they can do the job and whether they’ll thrive in your environment. There’s a lot of ground to cover, and none of it requires touching anything personal.
We are here to revamp your disorganized hiring process and train your hiring managers in legal interview practices. Book a call with TJ Butler today to get started: https://schedule.45solutions.net/.
