During an interview have you ever asked a potential employee how old they were? Or if they were married? Did you know that both of these questions are illegal to ask a potential employee during an interview? Questions like these that may seem innocent and can be considered typical “getting to know you” type of questions are actually illegal to ask during an interview. It is important to avoid asking these types of questions to potential employees because your organization could become tangled up in a discriminatory hiring practices legal mess or lawsuit.
Questions asked during an interview should focus on the qualifications for the job. Most human resources personnel are aware of qhat constitues an illegal or legal question, but others involved in the interview process may not be. Here are some example of legal and illegal questions:
Legal Questions include:
- What education do you have?
- What experience qualifies you for this job?
- Do you have specific licenses or certifications that pertain to this job?
- Are you willing to travel?
- Do you have a legal right to work in the United States?
- Are you available for overtime?
Illegal Questions include:
- What is your age or date of birth?
- What is your sexual orientation?
- What church do you attend?
- What is your national origin?
- What is your marital status?
In addition to these questions, there are both more legal and illegal questions that can come up during the interview process. Every recruiter, hiring manager, executive, and department manager must realize that asking the wrong interview questions or making improper inquiries can lead to discrimination or wrongful-discharge lawsuits, and these suits can be won or lost based on statements made during the interview process. Be aware of what the potential candidates are being asked during the interview process, and make sure everyone involved in the process is aware of what types of questions can and can not be asked.
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