So, you’re all set to grill your next job candidate and find the perfect match for your company. But hold up! Don’t let your interview turn into a legal minefield. There are some questions that are not just awkward but also straight-up illegal. Let’s dive into the top ten questions you need to avoid like last season’s fashion faux pas, along with some savvy alternatives.
Avoid #1: "How much did you earn in your previous job?"
Oh, no, asking about previous salaries is so last century. Nearly 20 states and a bunch of local jurisdictions have nixed this question because it perpetuates pay discrimination. Instead, hit them with the starting salary or range for the position and ask if that works for them. And remember, you might need to spill the tea on salary ranges upfront in some places.
Avoid #2: "Do you have religious obligations that would prevent you from working Friday evenings, Saturdays, or Sundays? Do you wear that headscarf for religious reasons?"
Listen up, it’s 2024, and we don’t discriminate based on religion. Just lay out the work schedule and ask if it works for them. And be ready to accommodate religious practices – Stick to the basics and keep it fair for all candidates.
Avoid #3: "How old are you? We went to the same high school… what year did you graduate? Do you plan to retire soon?"
Unless you’re planning a reunion, their age is none of your business. Federal law protects workers 40 and up, and some states have even stricter rules. Instead, if age is a legal requirement for the job, just ask if they meet those requirements. Otherwise, leave the age talk at the door.
Avoid #4: "Do you smoke? Do you drink alcohol? Are you a marijuana user?"
Tobacco, alcohol, and marijuana – oh my! Some states protect off-duty activities like smoking and even marijuana use. Skip personal habits interrogation and stick to your company’s policy on drug and alcohol use during work hours. It’s all about keeping it professional.
Avoid #5: "You have a beautiful name… what’s the origin of it? Where’s your accent from? Where were you born? Where did you grow up?"
Asking about someone’s name origin or accent can come off as cute, but it’s a no-go. It can reveal national origin, which is a big no-no under federal and state laws. Just focus on their qualifications and, if necessary, confirm their authorization to work in the U.S.
Avoid #6: "Are you pregnant? Do you have or plan to have children? Are you married? Who’s responsible for your children’s care?"
Questions about pregnancy, kids, and marital status are off-limits. They scream discrimination and can disproportionately affect female candidates. Stick to job-related queries like availability for work hours, overtime, and travel – and be consistent with all candidates.
Avoid #7: "Do you have a disability? How many sick days did you use last year? Will you need reasonable accommodation on the job?"
Disabilities are protected under the ADA, so don’t even go there. If the job requires specific physical tasks, ask if they can perform them with or without accommodation. Keep it relevant and respectful.
Avoid #8: "Do you have military obligations that would require you to miss work? Do you have military duties on weekends?"
Military service is protected, so don’t ask about obligations that could cause them to miss work. If they mention their service, focus on the skills and experience they bring to the table.
Avoid #9: "Have you ever been arrested or convicted of a crime?"
Questions about arrests and convictions are tricky. Some places have “ban the box” laws that delay these inquiries until after a job offer is made. Even where it’s allowed, use criminal history info responsibly and relate it to job duties.
Avoid #10: "Have you ever filed a sexual harassment complaint? What about a workers' compensation claim?"
Asking about past complaints or workers' comp claims is a big no-no. It can look like retaliation and may reveal disabilities. Just steer clear and keep the interview focused on their qualifications and the skills for the job.
When it comes to interviews, be savvy. Steer clear of illegal or discriminatory questions and stick to job-related topics. Educate your team on asking the right questions—this not only keeps you out of legal hot water but also ensures you find the perfect candidate. Stay informed, stay compliant, and ace those interviews!
TheHRRX excels in hosting educational programs aimed at reducing employer risk and minimizing financial exposure. Contact us today to explore how we can improve your bottom line www.thehrrx.com
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