HR Toolbox
Legal Interview Questions
The job interview is a powerful factor in the employee selection process, and HR representatives can use behavioral-based interview questions to help you select superior candidates. Asking interview questions helps them identify whether the candidate has the behaviors, skills, and experience needed for the job they are filling.
However, there are pitfall questions that employers and candidates need to be aware of. These questions can be perceived as discriminatory, and as a general rule, employers should stay away from asking them, and candidates should be aware that they do not have to answer them.
Family Status
Legal: Do you have any responsibilities that conflict with job attendance or travel requirements?
Discriminatory: Are you married? What's your spouse's name? What's your maiden name? Do you have any children? Are you pregnant? What are your childcare arrangements?Race
Legal: None
Discriminatory: What is your race?Religion
Legal: None, however, you may inquire about availability for weekend work.
Discriminatory: What is your religion? What church do you attend? What are your religious holidays?Sex
Legal: None
Discriminatory: Are you male or female?Age
Legal: If you are hired, can you offer proof you are at least 18 years of age?
Discriminatory: How old are you? What is your birth date?Arrests or Convictions
Legal: Have you been convicted of a crime? (You must state that a conviction will be considered only as it relates to fitness to perform the job sought.)
Discriminatory: Have you ever been arrested?Citizenship/Nationality
Legal: Can you show proof of your eligibility to work in the U.S.? Are you fluent in any languages other than English?
Discriminatory: Are you a U.S. citizen? Where were you born?Disability
Legal: Are you able to perform the essential functions of this job with or without reasonable accommodation?
Discriminatory: Are you disabled? What is the nature or severity of your disability?