The right interview questions can help increase employee engagement, productivity, and retention through good hires. It’s equally critical to understand and avoid the wrong questions.
This issue goes beyond legal claims and costs. Even if job candidates don’t bring discrimination charges, inappropriate questions can damage your reputation and ability to recruit and retain talent.
Train Employees on Proper Interview Questions
The human resources association SHRM recommends training your employees on the interview process. Highlight illegal, unethical and inappropriate questions that could give rise to lawsuits.
Off-limits questions apply to anyone involved in the interview process. Training should include recruiters, hiring managers, executives, potential colleagues and any employee who might formally contact a candidate.
It’s easy to stray into risky territory when moving from scripted questions into casual conversations. But anything asked and documented could appear in a discrimination lawsuit.
The U.S. Equal Employment Opportunity Commission (EEOC) advises against any questions related to protected characteristics. Protected characteristics may include race, gender, religion, nationality, age, sexual orientation, disability, marital status, pregnancy and genetic information.
The EEOC notes an exception for disabilities. You can ask a candidate with a disclosed or obvious disability if they need a reasonable accommodation during the application process or for the job position.
A good rule is to ensure each interview question relates to the job and the candidate’s ability to perform the assigned duties. Interviewers should be able to ask all candidates the same questions. For example, if you wouldn’t ask a man about marital status, pregnancy or family planning, the same should apply to women.
Interview Questions to Avoid
The following is a list of questions to avoid in job interviews. The list is not exhaustive, but it can serve as a training guide by highlighting off-limits topics when speaking with job candidates.
Many of the questions come from the EEOC, HR Dive, SHRM and LinkedIn. Some questions include an introductory comment demonstrating how casual conversations can create legal issues:
- You look like you’re at a fun time in life. Are you single or married?
- You look so youthful. How old are you?
- It looks like you’re pregnant. When are you due?
- We are very family-friendly. Do you have any children or want to have any?
- You have such a unique look. Are you biracial? What gender do you identify with?
- I’ve never known anyone with your name. Are you originally from here?
- These are divisive times. Who are you voting for in this election?
- We’re open to all faiths. Do you attend church?
- I love your accent. Are you a U.S. citizen?
- You speak well. Is English your first language? What language do you use at home?
- It’s incredible how technology can pinpoint cancer and heart attack risks. Have you done any genetic testing or searched your family’s medical history?
- I used to love having a good time after work. Have you ever had any problems with alcohol use?
- My doctor has me trying all these different pills. Do you take medications?
- Have you taken medical leave before?
- Have you ever filed a workers’ compensation claim?
- We value veterans in our organization. Why were you discharged from the military?
Additional Considerations
Though an employer may innocently ask an improper interview question, the intention behind the question does not matter and may still put the employer at risk of a discrimination claim. What may seem like a compliment can still cause legal issues (such as the comments about the interviewee’s youthful appearance or accent in the sample questions above). It is best practice to go over these potential pitfalls with the hiring team before beginning the candidate interview process.
Many employers choose to be inclusive about gender pronouns. HR Dive cautions against asking about preferred pronouns during an interview. That information most likely does not relate to immediate business or job needs.
HR expert Lauraine Bifulco noted during a presentation at the SHRM Annual Conference that indirect questions about protected characteristics are also off-limits. For example, asking a candidate when they graduated from high school could be an indirect way of figuring out their age.
Candidates sometimes provide information unrelated to a question. If a job candidate brings up their protected characteristics or improper personal details, don’t ask follow-up questions or add your own thoughts. Instead, be clear that you don’t choose candidates based on these factors. Note that it won’t affect their job candidacy, then redirect the interview to appropriate topics.
Next Steps
State regulations may also impact interview questions by increasing the number of unlawful topics, including height, weight, and criminal records. In addition to federal EEOC discrimination law, in Michigan, employers are subject to the Elliott-Larsen Civil Rights Act (ELCRA) which prohibits discrimination based on religion, race, color, national origin, age, sex, height, weight, familial status, marital status, sexual orientation and/or gender identity or expression.
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