While it’s important to protect yourself from asking illegal interview questions, there are legal alternatives to get the same information out of a candidate. Be prepared and know your options by checking out these examples of illegal interview questions and how they can be rephrased to pass the law.
Often, a hiring manager does not have illegal, discriminatory intentions but is just trying to assess the candidates fit for the job. While you cannot directly ask about any of these topics, don’t be surprised if you find yourself discussing family or religion with a potential candidate, either. It all depends on how you phrase the question. Before your next candidate interview, you should familiarize yourself with the discrimination guidelines at www.eeoc.gov.
Age? Date of Birth? |
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| Example of illegal questions: | Possible Legal Alternatives: |
| ~How old are you? | ~Are you over the age of 18? |
| ~When is your birthday? | ~Can you, after employment, provide proof of age? |
| ~In what year were you born? | |
| ~In what year did you graduate from college/high school? | |
Marital/ Family Status (often alludes to sexual orientation) |
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| Example of illegal questions: | Possible Legal Alternatives: |
| ~Are you married? | ~Would you be willing to relocate if necessary? |
| ~Do you have a permanent partner? | ~Travel is an important part of the job. Do you have any restrictions on your ability to travel? |
| ~With whom do you live? | ~Do you have responsibilities or commitments that will prevent you from meeting specified work schedules? |
| ~Are you pregnant? | ~Do you anticipate any absences from work regularly? If so, please explain the circumstances. |
| ~Do you expect to have a family? When? How many children will you have? | |
| ~What are your child care arrangements? | |
Personal |
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| Example of illegal questions: | Possible Legal Alternatives: |
| ~How tall are you? | ~Are you able to lift a 50-pound weight and carry it 100 yards, as that is part of the job? |
| ~How much do you weight? (Questions about height and weight are always illegal unless it can be proven that there are minimum requirements to do the job.) |
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National Origin/ Citizenship |
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| Example of illegal questions: | Possible Legal Alternatives: |
| ~Where were you/your parents born? | ~Do you have any language abilities that would be helpful in doing this job? (Legal if language ability is directly relevant to job performance.) |
| ~What is your native language? | ~Are you authorized to work in the United States? |
| ~What is your country of citizenship? | |
| ~Are you a US citizen? | |
Affiliations |
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| Example of illegal questions: | Possible Legal Alternatives: |
| ~What clubs or social organizations do you belong to? | ~List any professional or trade groups or other organizations that you belong to that you consider relevant to your ability to perform this job. |
| ~Do you go to church? | |
If you find yourself in a position where you have been asked an illegal question during an interview, you have a few choices in how you respond:
This is not a complete list and should be used for reference only. When in question, you should seek legal advice.
Some information on this page was gathered from http://www.jobinterviewquestions.org/questions/illegal-questions.asp.
