Under employment law, illegal interview questions include all questions that are not directly related to your vacancies. This means that questions on topics such as age, family, gender, marriage, nationality, and religion are illegal questions that must be asked during an interview. The Equal Employment Opportunity Commission (EEOC) has a set of standards that every organization must follow to ensure an ethical and legal interview process. Here`s our breakdown of questions you can`t ask and how to respond to inquiries before hiring: Most disability and health inquiries are considered illegal interview questions. Employers can only ask, „Can you do the work?” But how old are you? And what is your date of birth? are fine if it is a legal requirement for the job. For example, if you are under 18 or work in a bar. Under laws enforced by the EEOC, it is illegal to discriminate against anyone (applicant or employee) on the basis of race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 years of age or older), disability, or genetic information. It is also illegal to retaliate against a person who has complained of discrimination, filed a discrimination lawsuit, or participated in an investigation or prosecution of discrimination in the workplace. Pro tip: Which of the following is inappropriate to ask when applying: (1) How old are you? (2) Do you have a disability? (3) What is your race? These are, in most cases, problems of illegal employment. But for the use of affirmative action, all are allowed. Employers cannot directly ask questions about a candidate`s height or weight. However, you can ask questions such as, „Can you lift heavy objects?” if the work requires physical activity. Employers can ask almost anything that is not included in the list of illegal interview questions above.

Because of these laws, employers should avoid asking about these characteristics during the interview process. Employers cannot ask candidates to disclose their race during the interview process. If an employer has a „legitimate need” for this information, it must be obtained through a separate process outside of the interview so that it does not become a factor in determining a candidate`s suitability for the position. Did we miss any questions we shouldn`t be asking in an interview? Maybe a hiring manager demanded an answer to an inappropriate interview question? Call us in the comments! We will be happy to answer you. Note: There is no federal law on discrimination in private employment based on sexual orientation or gender identity. However, many states and local governments prohibit discrimination based on sexual orientation and/or gender identity. Laws enforced by the EEOC prohibit an employer or other covered entity from enforcing neutral employment policies and practices that disproportionately affect applicants or employees of a particular race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), or national origin. or a disabled person or a class of disabled persons. affect. if the policies or practices in question are unprofessional and necessary for the operation of the business.

The laws enforced by the EEOC also prohibit an employer from applying neutral employment policies and practices that disproportionately impact applicants or workers 40 years of age and older, unless the policies or practices in question are based on a reasonable factor other than age. Religious organizations may discriminate on the basis of their religion. For everyone else, questions about religion are questions you can`t ask in an interview. Availability questions are not illegal interview questions, according to the EEOC. That is, they can be illegal questions if they can be used to discriminate. Pro tip: When you receive the interview, you will receive most of the above non-illegal interview questions. Be prepared. Think of an answer for each, then repeat. If the applicant`s gender is a bona fide professional qualification, it may be requested. Otherwise, these are questions you can`t ask during an interview as an employer: For more information on federal laws regarding prohibited employment policies/practices, visit the U.S. Equal Employment Opportunity Commission website.

Employers may ask for your address, but they should be careful. If they reveal your finances or family situation, they are illegal interview questions: For most employers, citizenship is a list of illegal questions to ask during an interview. As long as the candidate`s documents are legal, hiring managers have no right to this information. Military service is not on the list of inappropriate interview questions. However, in most cases, employers should not ask about the type of dismissal. It is illegal for an employer to discriminate against an applicant on the basis of race, color, religion, sex (including gender identity, sexual orientation and pregnancy), national origin, age (40 years or older), disability or genetic information. For example, an employer cannot refuse to give requests to people of a certain race. Although state and federal equality laws do not clearly prohibit employers from disproportionately making or eliminating requests to members based on race, color, sex, national origin, religion, or age prior to hiring, such requests may be used as evidence of an employer`s intent to discriminate, unless the questions asked cannot be justified by a business purpose. It is illegal to ask a candidate questions: height and weight can be related to race. Therefore, these are illegal interview questions. Now that you know your rights, go ahead and win the interview. Interviewing candidates is one of the most critical steps in a successful hiring process.

During the interview phase, it is important not only to ask questions to assess whether or not a candidate is suitable for your open position, but also to avoid asking illegal interview questions.