Do your recruiters and hiring managers know the first rule of hiring? The law assumes that everything asked during job interviews will be used to make hiring decisions. Every interview question should be prepared with that in mind, and limited only to issues required to assess a candidate’s qualifications for the open position. Always avoid illegal, insulting, and irrelevant questions that don’t pertain to job performance and learn how to use legal interview questions.
Plan and Prepare Legal Interview Questions
Don’t go into an employment interview without planning or try to “wing it.” That’s a recipe for illegal interview questioning. Plan the interview by scheduling a time and good location for it and preparing written legal interview questions about the essential skills and qualifications required for the opening. Don’t deviate from prepared questions, and have a worksheet during the interview to note answers and any questions the candidate may ask.
Make sure hiring managers and others who are involved in employment interviews are trained in fair hiring practices, and develop a written interview process to ensure no one conducts interviews without proper preparation.
Focus on Job Relevance
Legal interview questions focus on job relevance, asking about a candidate’s ability to perform essential functions of the job. Ask questions about the candidate and don’t make statements that involve assumptions about a candidate’s abilities.
Focus on asking about ability to perform required functions, such as “This job requires traveling to client sites out of town every month. Are you able to travel for work?” Take care not to make assumptions or statements about visible disabilities such as wheelchairs or mobility impairments while asking about ability to perform job functions. “How long have you been in a wheelchair?” or “What happened to cause your disability?” are not legal interview questions.
Guidelines for Legal and Illegal Interview Questions
It’s important to avoid questions during a job interview that can lead to bias in hiring and focus on questions about job performance. The U.S. Equal Employment Opportunity Commission outlines the following guidelines for legal interview questions under Federal Law:
| Subject | Don’t | Do |
| Age | Don’t ask how old a candidate is or for a birth date | Ask if the applicant can provide proof of being at least 18 |
| Alcohol or drug use | Don’t ask if a candidate is an alcoholic or has been addicted to drugs | Ask if a candidate currently uses illegal drugs |
| Arrest record | Don’t ask if a candidate has ever been arrested | No questions about arrest record are allowed |
| Citizenship | Don’t ask if a candidate is a U.S. citizen | Ask if the candidate is legally eligible to work in the U.S. |
| Disabilities | Don’t ask questions to find out how a candidate became disabled or what the disability is | Ask how the candidate would do the work and whether the candidate could do the job with or without accommodation |
| Marital and family status | Don’t ask if the candidate is married, has children or childcare, or is pregnant or planning to become pregnant | Ask whether the candidate can meet the work schedule |
| Name and national origin | Don’t ask about a candidate’s surname, national origin, ancestry, ethnicity, or prior marital status | Ask whether candidate has ever worked under a different name, is legally eligible to work in the U.S., and can communicate well enough to perform essential job functions |
| Race or color | Don’t ask any questions or make any comments about an applicant’s complexion, skin color, personal appearance | |
| Religion | Don’t ask about religious preference or affiliation unless the hiring institution is a religious affiliated institution | Ask instead whether the candidate can meet the work schedule |
| Sex | Do not ask about a candidate’s sex where it is not a bona fide occupational qualification | Only ask about candidate’s sex if the job has a bona fide occupation qualification for sex such as actor, actress, or locker room attendant |
Use a Consistent Interview Process
Carefully planning questions and using the same structured interview process for all candidates will help ensure equal treatment of all candidates and avoid illegal interview questions. Focus on job requirements and candidate performance and abilities for fair hiring practices and legal compliance.
