Questions NOT to ask in Interview

Navigating Illegal and Inappropriate Interview Questions for Critical Roles

Finding the right candidate for a crucial position in your small business is paramount. However, navigating the interview process can be fraught with legal pitfalls and awkward situations. Asking the wrong questions can not only alienate qualified candidates but also land you in hot water with anti-discrimination laws.

Illegal Questions: Steer Clear of These Landmines

Certain questions are strictly off-limits during interviews, as they delve into protected characteristics unrelated to a candidate's qualifications. Asking about:

• Race, religion, national origin, or gender: These questions are discriminatory and illegal, regardless of the interviewer's intent. A 2021 study by the National Bureau of Economic Research found that simply mentioning a candidate's race can lead to a 25% decrease in their callback rate.
• Age: Age discrimination is illegal, and questions about a candidate's age or plans to retire can be discriminatory. A 2022 report by the AARP found that 47% of workers over 45 had experienced or witnessed age discrimination at work.
• Marital status, family plans, or pregnancy: Asking about these topics is intrusive and irrelevant to a candidate's ability to perform the job. A 2018 study by the National Partnership for Women & Families found that one in three women have been asked illegal interview questions about their family status or plans.
• Disability status: Inquiries about a candidate's disabilities should only be made after a conditional job offer, and only to determine if the company can provide reasonable accommodations. The Job Accommodation Network reports that one in five Americans has a disability, highlighting the importance of inclusive hiring practices.

• Salary history: In many states and cities, asking about a candidate's past salary history is illegal. This practice perpetuates wage gaps, particularly for women and minorities. As of January 2024, 21 states and Washington, D.C., have salary history ban laws. Be sure to research salary laws for your company’s location as well as the location of the candidate you’re interviewing (e.g., remote based candidates)

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Beyond the Legal: Inappropriate Questions to Avoid

While not strictly illegal, some questions are inappropriate for interviews as they can be uncomfortable or biased. Avoid asking about:

• Political affiliation: This is irrelevant to a candidate's job performance and can create unnecessary tension.
• Personal finances or debt: This is a private matter and has no bearing on a candidate's qualifications.
• Appearance: Comments on a candidate's physical appearance are unprofessional and discriminatory.
• Hypothetical scenarios based on protected characteristics: Asking questions like "How would you handle a difficult customer of a specific ethnicity?" can be discriminatory and lead to biased assessments.

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Alternative Questions: Focus on Skills and Fit

Instead of focusing on protected characteristics, ask questions that:

• Assess skills and experience: "Tell me about a time you faced a similar challenge and how you overcame it."
• Evaluate problem-solving abilities: "Describe a situation where you had to make a difficult decision under pressure."
• Gauge cultural fit: "What are your values, and how do they align with our company culture?"
• Understand future goals: "What are your career aspirations, and how does this position fit into those plans?"

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Remember: The interview is a two-way street. Candidates are also evaluating the company and its culture. Asking appropriate questions demonstrates professionalism and respect, attracting the best talent to your critical role.

By following these guidelines and staying informed about legal regulations, you can ensure a smooth and successful hiring process for your critical role, attracting the best talent without any legal hiccups.

Additional Resources:

• Equal Employment Opportunity Commission (EEOC): https://www.eeoc.gov/
• National Employment Lawyers Association (NELA): https://www.nela.org/
• Society for Human Resource Management (SHRM): https://www.shrm.org/