It’s only natural to want to learn as much as possible about the candidates you interview. But some questions can land you in legal hot water. To stay on the right side of the law, always avoid these five questions, along with similar topics.
How Old Are You?
Age discrimination laws apply to people over 40, but it’s a smart business practice to avoid the age question at all. This includes asking for years of high school or college attendance, which could be used to calculate someone’s age. The exception is when you’re hiring for a job that has a legal minimum age requirement, such as bartending, in which case it’s also smart to ask for proof. If there is no legal reason to ask for age-related information, though, just steer clear.
Do You Have a Spouse and Children?
Asking about someone’s family status can be considered discriminatory. Even if the candidate is obviously pregnant, it’s important to avoid the topic altogether. What matters is whether the person can perform all the vital duties of the role, not whether they happen to have a family.
Do You Own a Car?
Asking about car ownership (or home ownership) can be legally discriminatory at worst, or problematic and off-putting at best. It’s fine to ask whether the person has reliable transportation to get to work, as this could mean riding the bus, taking a rideshare, or even riding a bicycle (but don’t ask specifically how they will commute). The only exception is if the role requires the person to drive their own car during the workday. It’s also OK to ask about a valid drivers license if the employee will need to drive a company vehicle.
Can You Work Nights and Weekends?
A lot of jobs require overnight and/or weekend availability, but how you frame the question matters. Asking about weekends could be seen as an attempt to gain information about religious affiliation while asking about nighttime hours could be taken as digging into family obligations. Instead, describe the various shifts and ask whether there are any shifts that the person is unable to work.
Have You Ever Filed a Worker’s Compensation Claim?
This question, as well as anything having to do with disability status, is highly problematic, as medical information is legally protected. Instead, simply describe the job duties in detail. Then ask the candidate whether they are able to perform all of them.
While you may want to learn as much as possible about the candidates you are considering, some topics are simply off-limits. As a general rule of thumb, stay away from the five questions above, along with anything that could be considered personal, including political affiliation and gender identity. Instead, focus on objective questions about the person’s professional qualifications.
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