Illegal Interview Questions to Avoid Asking in Job Interviews

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Politics and religion are the two topics most families know not to discuss over dinner. In job interviews, they are exceptionally bad form.

You want to get to know candidates and ensure they'll be a good fit for the role and existing company culture. What you don't want to do is cross the line between being professional and prying by asking illegal interview questions, lest your company be in the mood for a lawsuit.

Before you start the interview, review these faux pas so that all your questions result in positive impressions and you don't have to experience the embarrassment of overstepping or offending.

In the United States, various federal and state laws forbid employers from discriminating against job applicants based on specific protected characteristics like race, color, religion, sex, age, national origin, and disability.

If you have interviews lined up for an open position, review this guide first to ensure you're asking the right questions. Additionally, consider using interview scheduling software to simplify the scheduling process and enhance the candidate experience.

Certain personal questions are illegal to ask in a job interview, according to both federal and state laws. These questions are unrelated to the job opening and can have you facing discrimination claims, lawsuits, or even investigations by the U.S. Equal Employment Opportunity Commission (EEOC).

You must avoid asking the questions mentioned below. A limited number can be asked if an employer can prove that those qualities are relevant and necessary to fulfill a job's specific requirements. These exceptions are referred to as bona fide occupational qualifications (BFOQs).

Do not ask how old a candidate is. Instead, if required, you can frame the questions like "Do you meet the minimum age requirement for the job's hours or conditions?" "Are you 18 years or older?"

Do not ask:

Do not ask about someone's ancestry, nationality, or family history. Questions aimed at identifying an applicant's race are always inappropriate and unacceptable.

Do not ask:

You may only ask about an applicant's gender if it is a bona fide occupational qualification. Otherwise, questions regarding gender and family situation should not be asked during an interview.

Do not ask:

It's okay to ask questions like, "Can you relocate?" or "Can you work overtime?"

Do not pry into an individual's religious or moral belief system. It's inappropriate to ask about someone's religion or the specific days they may need off for religious observances.

Do not ask:

Do not question where an individual was born or whether they have citizenship in your country. HR managers are not entitled to this information as long as the applicant's documentation is valid. When needed, you can ask, "Are you authorized to work in the U.S.?"

Do not ask:

Never ask an individual if they have a disability or any other mental or physical limitations. Although these questions are prompted in many initial application processes, individuals have a right not to reply.

Do not ask:

While federal law does not explicitly ban employers from inquiring about arrest and conviction records, various state laws restrict how prospective employers can use this information. It's important to consult state-specific regulations for further guidance.

Do not ask:

These questions aren't always offensive, but they are unnecessary. While you may think it's funny to sit candidates through an in-person Buzzfeed quiz, they'll leave feeling as though you've wasted their time and were never truly interested in their candidacy.

To encourage candidates to take your company and the interview seriously, avoid questions such as the following, which are inappropriate in a professional conversation.

Some interviewers like to play games with interviewees by asking them philosophical or trick questions to see if they can get an interesting or insightful response. However, these questions can often be irrelevant. I would avoid any kind of interview question that can be classified as a "trick."

You didn't bring in candidates to prank them and make them look like fools. They aren't an audience volunteer at a comedy show. You're trying to show them the engaging elements of your company that will make them want to work for you. These questions are slightly relevant in jobs where employees have to think on their feet or use a certain type of logic to arrive at the best conclusion.

For example, nurses and other healthcare professionals must make life-or-death decisions immediately and with minimal sleep or downtime. Some psychological or moral questions might be necessary for a job like this, but they would not be appropriate for an account executive role.

As an interviewee, you could encounter illegal questions. While not always meant inappropriately, it's important to recognize and handle them correctly. Here's how.

Feel free to communicate to a potential employer that you feel uncomfortable answering that question or explain why you feel it is not something they should have asked. Interviewees have the right not to respond or to move past any of the aforementioned questions.

In cases of discomfort, consider leaving the interview, as interviews are as much for the candidate as they are for the company. In all situations, ask yourself if the question at hand has anything to do with your ability to perform the job.

If the questions are irrelevant and seem to come from a place of discrimination, move past them. Interviewers can ask questions about what hours you are available per week. If you have regular conflicts regarding your religion, those conflicts are something for the interviewer to be aware of. Your specific beliefs, however, remain your private information.

In an uncomfortable situation, you can turn around and ask the interviewer a question like "Could you please explain the relevance of this question to my performance in the role? " It's a great way to reverse the question without seeming argumentative in an interview. If they don't have a good answer for why they're asking this question, you are justified in thinking it is inappropriate, and the employer has just given you a reason not to answer them.

When asked trick questions, it's natural to want a moment to think of a reply. Feel free to take a minute to dig inside your brain and develop your answer. The pause may feel awkward, but your answer will benefit. Try to think of the question as a metaphor, and answer in a way that exposes your values.

The employer does not want the actual question answered. They want to know your priorities and understand your critical thinking skills to determine how you arrived at a decision. As with the other types of questions, if any "what-ifs" read as inappropriate or unnecessary, use your voice to speak up and say so.

Interviews reflect the company standing on the other side of the glass. The questions you ask provide candidates with an inside look into the heart of your organization and give them an idea of what it's like to work for you. How you treat candidates in an interview is almost more important than the interview responses themselves.

Want to elevate the candidate experience even further? Try candidate relationship management software for personalized interactions and high engagement.
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