Interview Don'ts
The following list is comprised of subject matter that is widely regarded as off-limits for discussion in an interview by employment experts. Most of these subjects relate directly to federal and state employment laws. Legislation covering equal employment opportunity is extensive and complex. Check not only federal laws, but also your own state's laws and guidelines. Remember, state laws vary! Consult an attorney for legal advice before you begin the search process for a new employee.
In an interview, or on an employment application:
- Do not ask questions concerning the age of the candidate. Be careful using the word "overqualified" with older candidates.
- Do not ask about a candidate's arrest record. This is different from convictions; in most states, it is permissible to ask if the candidate has ever been convicted of a crime.
- Do not ask about race or ethnicity.
- Do not ask questions concerning the candidate's citizenship status prior to hiring. It is permissible to ask "Will you be able to provide proof of eligibility to work in this country if hired?"
- Avoid questions concerning the candidate's ancestry, birthplace, or native language. It is, however, permissible to ask about their ability to speak English or a foreign language if required for the job.
- Do not ask about religion or religious customs or holidays.
- Avoid questions concerning the candidate's height and weight if it does not affect their ability to perform the job.
- Do not ask questions concerning the names and addresses of relatives, unless those relatives employed by the organization.
- Do not ask about whether the candidate owns or rents his or her home and who lives with him or her. However, asking for their address for future contact is acceptable.
- Do not ask questions concerning the candidate's credit history or financial situation. In some cases, credit history may be considered job-related, but proceed with extreme caution.
- Do not ask questions concerning education or training that is not required to perform the job.
- Do not ask questions concerning their sex or gender. Avoid any language or behavior that may be found inappropriate by the candidate.
- Do not ask questions concerning pregnancy or medical history. Attendance records at a previous employer may be discussed in most situations as long as you don't refer to illness or disability.
- Do not ask questions concerning the candidate's family, marital status, or childcare arrangements. It is permissible to if the candidate will be able to work the required hours for the job.
- Do not ask questions concerning the candidate's membership in a non-professional organization or club that is not related to the job.
- Do not ask questions concerning physical or mental disabilities, though it is acceptable to asking whether the candidate can perform the essential job duties. The ADA allows you to ask the applicant to describe or demonstrate how they would perform an essential function(s) when certain specific conditions are met. Check the law or consult with an attorney before moving forward.
When in doubt, ask yourself, "Is this question job-related?" If the answer is not, don't ask!
References:
• Small Business Administration
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