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What to Ask (and Avoid) During a Job Interview

Conducting a job interview is a critical step in the hiring process, but it is also a stage fraught with legal risks. Under federal laws enforced by the Equal Employment Opportunity Commission (EEOC), employers must ensure that their interview process does not discriminate against candidates based on protected characteristics. This article provides a foundational understanding of interview compliance to help HR professionals and small business owners hire fairly and lawfully.

Understanding Protected Characteristics

The cornerstone of interview compliance is avoiding questions that reveal or probe into a candidate's membership in a protected class. Federal statutes, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), protect individuals from discrimination based on:

  • Race, color, or national origin
  • Religion
  • Sex, sexual orientation, or gender identity
  • Pregnancy status
  • Age (40 and older)
  • Disability (physical or mental)
  • Genetic information or family medical history
Illegal Questions vs. Legal Alternatives

The goal of an interview is to determine if a candidate can perform the essential functions of the job. Any question that does not directly relate to job performance or business necessity should generally be avoided.

1. Family and Marital Status

  • Avoid: "Are you married?" or "Do you have children?" or "Are you planning to start a family soon?"
  • Ask instead: "Are you able to work the required schedule for this position?" or "This job requires 20% travel; are you able to meet that requirement?"

2. National Origin and Citizenship

  • Avoid: "Where are you originally from?" or "Is English your first language?"
  • Ask instead: "Are you legally authorized to work in the United States?" or "What languages do you speak or write fluically that are relevant to this position?"

3. Disability and Health

  • Avoid: "Do you have any health conditions?" or "Have you ever filed a workers' compensation claim?"
  • Ask instead: "Can you perform the essential functions of this job with or without reasonable accommodation?"

4. Religion

  • Avoid: "What church do you go to?" or "Do you need time off for religious holidays?"
  • Ask instead: "Can you work our standard schedule of Monday through Friday?" (If a conflict arises, you then discuss reasonable accommodation).
Best Practices for Compliant Interviewing

To minimize risk and ensure a fair process, follow these structural steps:

  1. Standardize the Questions: Use a pre-approved list of questions for all candidates applying for the same role. This ensures every applicant is evaluated on the same criteria.
  2. Focus on Behavioral Questions: Ask candidates to describe how they handled specific situations in the past (e.g., "Tell me about a time you resolved a conflict with a coworker").
  3. Take Objective Notes: Record the candidate's answers and your observations regarding their skills. Avoid making notes about their appearance or perceived personal traits.
  4. Train Your Panel: Ensure anyone involved in the interview process understands what is off-limits.
Key Takeaways
  • Focus exclusively on the candidate's ability to perform job-related tasks.
  • Avoid any questions regarding age, race, religion, sex, disability, or national origin.
  • Use a structured interview format to ensure consistency and objectivity.
  • If a candidate volunteers personal information, do not pursue the topic; steer the conversation back to the job requirements.

By sticking to job-related inquiries, you not only protect your organization from potential litigation but also improve the quality of your hiring decisions.

Disclaimer: This article is based on publicly available sources and is intended for general informational purposes only. We do not verify the accuracy or completeness of the information presented, nor do we endorse or share the views of any source on any particular matter. Nothing here constitutes legal, financial, or professional advice.