by Leigh Goessl

Created on: August 27, 2011

In the U.S., and other countries, there are federal and state laws which prohibit certain questions that can be asked during a job interview. These laws are in place to prevent discriminatory hiring practices.

As an interviewer, the questions chosen to ask should be planned and worded appropriately.  When conducting an interview, it is vital you carefully frame your questions to the interviewee. People that come in for an interview are anticipating being asked a multitude of questions, but there are some questions that should be avoided due to the fact they are either inappropriate or illegal.

Questions about race, color creed, sex, national origin or birthplace are forbidden under U.S. law. This is declared by Title VII of the Civil Rights Act of 1964. Inquiries about these cannot be asked directly, and even related questions, are also prohibited by the law. Any direct, or indirect, questions that basically seek for information that relates to the illegal questions under Title VII can violate the law. 

Queries that should not be asked include the following:

• Age related questions. Questions such as the direct 'How old are you?' are not allowed, although an exception is if the applicant is asked whether or not they are under 18 years of age.

• Questions about marriage. Interviewers should not ask whether or not a job candidate is married and/or their marital status.

• Queries about children are not a good choice. When conducting the interview, never ask an interviewee how many children they have, if they are pregnant or planning to be, or how they plan to handle daycare. Additionally questions related to birth control are prohibited.

• Never ask a candidate about their sexual preferences, by doing so you violate the law.

• Asking an applicant about any hospitalizations, whether or not they have or are being treated for a mental condition, drug problem or other health related condition is illegal.

• Questions related to a job candidate's native tongue is illegal.

• An interviewer cannot request arrest records, however convictions are legal to ask about.

• Never ask a prospective employee what religious holidays they observe, any questions related to this violates the law.

There are many questions employers may be tempted to ask, but are inappropriate in nature. Today many applicants are in tune with discrimination laws and by violating any of them by asking illegal or inappropriate questions, this can bring significant problems to an organization.

Hiring managers are wise to consider their motivations when they list the questions they want to ask. This can help determine whether or not the question is inappropriate. Generally, if a query is not job related or has any kind of relevance to the job or job performance, chances are it is, or could be, an illegal question.  Even if a hiring manager skirts around the law by not presenting illegal questions directly, some queries are simply inappropriate.

Clearly, as a hiring manager, you'll want to learn all you can about the person you're interviewing for the job, but it is important to be mindful of what you ask and consider how you phrase your questions. There are certain questions you should not ask, nor even allude to.

Before either giving an interview or going on an interview it is a good idea to be familiar with illegal and inappropriate interview questions to ensure no civil rights are violated during the hiring process.

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