Interview questions you shouldn't ask

Adapted from Louisiana Employment Law Letter, written by attorneys at the law firm Jones Walker and Pennsylvania Employment Law Letter, written by attorneys at the law firm Saul Ewing LLP

June 17, 2005

Q: I used to have a list of questions not to ask during an interview but can't find it now. I need to develop one for our managers and don't want to miss anything. What questions should go on the list?

A: When conducting job interviews, it's important to ask the right questions to get the information you need to see if the person you're interviewing is a good fit for the job. But it's also important to know what not to ask — in other words, what the various employment laws say you can't ask or what might suggest to an outsider that you're considering an impermissible trait in evaluating candidates.

As a general rule of thumb, all of your questions should be directly related to the job in question and the job duties the applicant would be required to perform if hired. Of course, you need to steer clear of asking applicants about their age, race, color, sex, disability, religion, national origin, pregnancy, and other protected classifications.

While it would be impossible to create an exhaustive list of "no-no" questions, the following should give you an idea of what to avoid. Don't ask:

• What is your age? What is your date of birth? When did you graduate from high school? (But you can ask applicants whether they're at least a certain age, if they're minors, to verify eligibility to work.)
• What is your race, color, religion, or national origin? Were you born in the U.S.? What country are your parents from? Is English your primary language? Are you a U.S. citizen? (Instead ask whether applicants are eligible to work in the United States.)
• Do you have any disabilities of any kind? (Instead ask if applicants can perform the job functions at issue.)
• Does anyone in your family have a disability for which you have to provide care?
• Have you ever been treated by a psychologist or a psychiatrist?
• Are you taking any prescription medications?
• Have you ever been treated for a drug addiction or alcoholism?
• Are you married, single, or divorced?
• How many children do you have? Who's going to care for them while you're at work?
• Are you pregnant? How long do you plan to take off with the baby?
• When do you plan to start a family?
• Do you have your own car? (Don't ask unless it's job related — instead ask if the person has reliable transportation to get to work.)
• Do you have an arrest record? (But, in some states, you may ask about criminal convictions.)
• Have you ever sued a former employer?
• Are you a union member? What is your stance on union membership?
• How many sick days did you take off work last year?
• Do you observe the Sabbath or any days that would interfere with this job schedule?
• Have you ever filed a workers' compensation claim?
• Did you receive anything other than an honorable discharge from the military?
• Do you own your own home?
• What is your credit history or credit score? (Don't ask about credit history unless it relates to the job in question, and always comply with the Fair Credit Reporting Act if you're running a credit or background check. Good credit requirements have been challenged as discriminatory because they may have an adverse impact on minorities).

Copyright © 2005 M. Lee Smith Publishers LLC. This article is adapted from LOUISIANA EMPLOYMENT LAW LETTER and PENNSYLVANIA EMPLOYMENT LAW LETTER. These newsletters do not attempt to offer solutions to individual problems but to provide information about current developments in employment law. Questions about individual problems should be addressed to the attorney of your choice.

Need advice? Employers Forum discussion board

You can pose your question or problem to our nationwide community of HR professionals on the Employers Forum, if you're a newsletter subscriber. And share your insight with others in return.

Need a lawyer's advice? Employers Counsel Network

If you have a specific employment-law question or problem, you can contact one of the attorneys who write your state's Employment Law Letter. Find out how to contact them from the Employers Counsel Network.

: Back to Q&A page

: Return to HR Hero Line e-zine for more tips and articles