Best Practices for Legal Job Interviews

Modified on Mon, 14 Apr at 2:12 PM

Hiring managers use interviews to determine if a candidate will be a good fit for a job and for the company. Hiring managers should be aware of questions that are illegal, unethical, or that could stray too far into the grey area. When interviewing job candidates, hiring managers should stay focused on the job being interviewed for and determine if candidates meet the criteria for that position. Anything beyond that could be venturing into unwelcome and potentially litigious territory.

 

Interviewers cannot ask about a candidate's race, gender, age, religion, marital status, sexual orientation, disability, or other sensitive topics. 

 

Questions to steer clear of:

  • "We are hiring because our business is about to become very busy. Do you have any plans that might interfere with your ability to work full time over the next year?"
  • "Are you married? Will you be starting a family any time soon?"
  • "Your name is very exotic; where are you from originally?"
  • "This job requires the ability to lift items heavier than 20 pounds. Have you had prior medical problems that would prevent you from being able to do so?"
  • "Did you take any sick days or extended medical leave last year?"
  • "Do you have children? What kind of childcare arrangements have you made?"
  • "What year did you graduate college?"


Questions that are okay to ask:

  • "Will you be able to meet the attendance requirements for this job?"
  • "Where do you live?" (An employer may have a legitimate concern if an applicant will have an excessively long commute to work.)
  • "Can you perform the job, with or without a reasonable accommodation?"

 

For more interview question examples, check out the attached article!

 

*Source: SHRM Article: Top Interview Questions HR Should Never Ask to Avoid Legal Trouble


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