12 Do's and Don'ts of Interview Questions (2024)
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If you're looking for the perfect candidate for a position at your company, preparing for the interview is just as important for you as it is for the candidate. You should think about the thoroughness of the questions, but also the legality of your questions. Effective employee management starts with a fair and compliant hiring process, ensuring that all candidates are evaluated based on their qualifications and skills.
There are certain questions you are not allowed to ask in an interview because federal and state laws prohibit them. Protect yourself and your company by familiarizing yourself with the acceptable and unacceptable questions you can ask candidates. Additionally, ensure proper document management to maintain records of interview questions and responses, helping to demonstrate compliance with employment laws.
Why are some interview questions unacceptable?
Some interview questions are considered unacceptable because they may actually violate the law. Various states and the federal government have laws that say certain questions simply cannot be asked in an interview.
These laws are designed to protect people from discrimination based on things like race, gender, religion, age, or disability. It's not fair to judge someone based on these factors, and that's why these questions are a big no-no.
You need to be aware of these laws and make sure you ask fair and legal questions that focus on a person's qualifications and skills for the job. This way, everyone has a fair chance of getting hired.
HR and compliance software like IceHrm makes it easy to keep track of employment laws in your area.
What are considered illegal interview questions?
Illegal interview questions are those that violate anti-discrimination laws designed to protect people from unfair treatment based on certain personal characteristics.
Illegal Interview Topics You Must Avoid
Age Questions
It is illegal to ask about a person's age or birth date during a job interview, as this can lead to age discrimination. The Age Discrimination in Employment Act (ADEA) in the United States protects people age 40 and older from age-based discrimination.
Questions about marital status or family
Questions about marital status, family plans, or whether a candidate has children are generally prohibited. This helps prevent discrimination based on gender, family responsibilities, or the likelihood of a work release.
Questions like these can violate Title VII of the Civil Rights Act and the Pregnancy Discrimination Act.
Questions about religion
It is not permitted to ask about a candidate's religious beliefs, practices, or affiliations. This protects individuals from religious discrimination under Title VII of the Civil Rights Act.
Questions about disabilities
It is illegal to ask about a candidate's disabilities or medical conditions. The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities, and asking such questions may violate their rights.
Questions about race, ethnicity, or national origin
It is illegal to ask about a person's race, ethnicity, or place of birth. These questions can lead to racial or ethnic discrimination and violate protections under Title VII of the Civil Rights Act.
Questions about gender or sexual orientation
It is generally not permitted to ask about a person's gender identity or sexual orientation. These questions may result in discrimination based on gender or sexual orientation and may violate state laws or local ordinances that provide protection against this type of discrimination.
12 Examples of Acceptable and Unacceptable Interview Questions
1.Name
Acceptable: "Have you ever worked for this company under a different name?"
Unacceptable: "Have you had any other names before?" "What is your maiden name?"
Why: Asking for a last name change can reveal whether an employee is married or unmarried. In several states, it is illegal to discriminate against someone based on their marital status.
2.Place of Birth
Acceptable: There are no acceptable questions about a candidate's place of birth.
Unacceptable: "Where were you born?" "Where were your parents born?"
Why: Again, there are no acceptable questions about a candidate's place of birth, as this could potentially lead to the assumption that you discriminated based on their nationality.
3.Age
Acceptable: "Are you over 18?" If you are interviewing for a driver, you can ask if the applicant is over 21.
Not acceptable: "How old are you?" Any questions aimed at finding out the applicant's age are not acceptable.
Why: Asking about an applicant's age is only acceptable if the job requires an employee of a certain age. Otherwise, the applicant may consider it age discrimination. Some applicants include a date of birth on their resume.
4.Religion
Acceptable: No questions about an applicant's religion are acceptable.
Not acceptable: Any questions about a person's religion or the days they must have off on religious holidays are not acceptable.
Why: It is illegal to discriminate against an employee based on their religion.
5.Working hours
Acceptable: “Can you meet the attendance requirements of the job you are applying for?”
Unacceptable: “Do you have any health conditions that would cause you to miss work?”
Why: It is illegal to discriminate against an applicant based on their possible disability.
6.Race
Acceptable: There are no acceptable questions about the applicant’s race or skin color.
Unacceptable: Any questions designed to determine the applicant’s race are unacceptable.
Why: Trying to find out an applicant’s race could lead to people believing you are discriminating against them based on their answer.
7.Nationality
Acceptable: “Can you demonstrate that you would be employable if offered the job?”
Unacceptable: “What is your nationality?”
Why: Again, it is illegal to discriminate against an applicant based on their nationality. However, most jobs in the United States require candidates to be U.S. citizens.
8.Nationality
Acceptable: “What languages can you read, write, or speak?” “How fluent are you?”
Unacceptable: Any questions about an applicant’s ancestry or date of entry into the U.S.
9.Education
Acceptable: “Tell me about your educational background.”
Unacceptable: “When did you graduate from high school?” “When did you graduate?”
Why: Again, this is about discriminating against a person based on their age.
10.Experience
Acceptable: “What work experience do you have?” “Do you have experience with the U.S. Armed Forces?” “Why did you leave your last job?”
Not acceptable: “What type of discharge did you receive from the military?”
Why: The law prohibits you from discriminating against military members who were honorably discharged, but you can also run into discrimination problems if the applicant’s discharge was less than honorable.
Criminal background
Acceptable: Only questions about the application are acceptable.
Not acceptable: “Have you ever been arrested/charged with a crime?”
Why: You cannot ask about an applicant’s criminal background after the interview.
11.Relatives
Acceptable: “Do relatives work for the company?” “What are their names?”
Not acceptable: “Are you married?” “What relatives live with you?” “Who do you live with?”
Why: This type of questioning could result in the discovery of whether the applicant is married or has children, which may constitute illegal discrimination.
12.Physical condition
Acceptable: “Can you perform the essential functions of the position you are applying for?”
Not acceptable: “Are you disabled?” “Are you healthy?” Any questions about compensation claims are also unacceptable.
Why: Again, it is illegal to discriminate against a candidate based on their potential disability.
If you need more help with recruitment and interviews, IceHrm has a great solution. Check out our recruitment and onboarding page and learn how to reduce interview no-shows to learn more about how we can streamline your recruitment process and help you find the best possible candidate quickly and easily.
FAQs about acceptable and unacceptable interview questions
What are good interview questions?
Here is a list of some acceptable questions to ask a candidate in an interview:
- Can you tell me a little about yourself and your employment history?
- Do you have salary expectations?
- What do you consider to be your greatest weakness?
- Can you give me good reasons why we should hire you?
- What do you consider to be your greatest strength?
- Do you have salary expectations?
- Can you tell me why you left your previous company?
What's the best way to prepare for an interview?
The interview takes practice. Thinking about job-related information and trying to keep it organized is a good first step. Here are some helpful interview tips:
- Know your candidates, or at least as well as you can based on the application, resume, and references.
- Understand the job requirements and job description.
- Prepare many of your questions, as well as answers to candidate questions, in advance.
- Understand what is considered impermissible interview questions and know how to avoid them.
- Use an interview evaluation form to assess and score candidates.
What are interviewers not allowed to ask?
In most cases, interviewers are absolutely not allowed to ask questions about things like the candidate's sexual orientation, current address, religious affiliation, medical history, and, if not relevant to the job, criminal and criminal records.
Proper interview preparation is crucial for finding the right candidate. By focusing on legal, fair questions, you can create an inclusive hiring process. Tools like IceHrm can streamline your recruitment management and ensure compliance, helping you attract top talent effectively.
