Most of our clients are aware that in the hiring process it is illegal to discriminate against a candidate based on nationality, religion, age, marital or family status, gender, health and physical ability, military status and, in some locations, sexual identity and criminal background. What they don’t realize is that many seemingly-benign questions can lead a candidate (or court of law) to conclude that you are intentionally or unintentionally doing just that – discriminating against a protected class.
So, if your questions or screening methods could be viewed as having an adverse impact on a protected class, you should avoid asking them. Here below is a fairly comprehensive list of questions and types of questions you should NOT ask. You might want to print this out and review it just before you conduct your next interview:
How old are you or how much longer do you plan to work before you retire?
What is the date of your high school graduation?
When or where were you, your parents, your spouse born?
What is your original or maiden name?
How long have you lived at your current address?
Questions about lineage, ancestry or national origin.
What is your religion or religious practices?
Questions about race, complexion of skin or attitude about working with co-workers of different race.
Citizenship (although you may ask if he or she has the legal right to work in the United States).
Questions about physical characteristics (i.e., weight, height, color of hair, etc.).
What is your marital status?
Do you have or intend to have children?
What’s your gender or sexual identity?
How do you feel about managing a man/woman?
Any medical information (general health, disabilities, past use of sick leave, use of workers’ compensation benefits).
Do you smoke, drink, take drugs?
Dates of military service, type of discharge, or if receiving veteran disability pension.
Listing of clubs, societies or lodges where applicants have membership.
Do you belong to a labor union?
Do you own a car/home?
In addition, do not require unnecessary documentation, such as a birth certificate, naturalization or baptismal records or require a photograph during the interview process. All legal documentation should be obtained and processed after the employee has been offered the position.
Finally, some of these questions may be surprising, such as the one referring to car ownership. Remember, owning a car or a home is usually not relevant to employment – what’s relevant is access to a vehicle or other reliable form of transportation.
Do you have a favorite question and wonder whether it’s legal to ask? Shoot us an e-mail or don’t hesitate to call us.
