Avoid these topics to conduct a legal interview

Interviewing candidates can be mystifying to managers. When you think about it, a lot hinges on the thirty minutes to an hour that is spent with a potential new hire. A manager has to assess skills, determine if the candidate is a good fit for the organization, and most importantly figure out if they’re being sold a bill of goods. 

With all that is riding on the manager making a good prediction of how well this practical stranger is going to perform on the job, there is the added pressure of keeping the interview legal. Even well prepared managers can be lead astray to the path of an illegal interview.

While all interviews are different, there are some cautionary subjects that managers should commit to memory. When the conversation veers toward these topics, you'll immediately know the interview is heading into dangerous territory.

Age: The interviewer need not ask the candidate for their date of birth or age, to get off track. Other questions such as the year the candidate graduated from high school or any other information that could reveal age, should be avoided. The one exception is for candidates, 18 or under. Interviewers are allowed to ask if the candidate is at least 18 years of age, but this information is usually gathered on the employment application.

Marital and Parental Status: Avoid asking questions or encouraging discussion that solicits information about a candidate’s marital or parental status. These types of questions are prohibited and should not be taken into consideration when making a hiring decision.

Religious Beliefs: Questions regarding religious beliefs are illegal. An exception to this rule is made for religious institutions and organizations, which are permitted to ask questions regarding religious beliefs. Otherwise, questions regarding religious beliefs could be regarding religious discrimination.

Disability: The ADA (Americans with Disability Act) prohibits employers from asking any question that elicits information about a candidates’ disability. This includes asking if the candidate would need a reasonable accommodation to perform the job, how many sick days the candidate has taken with a past employer, or any other question that might reveal information about a disability or illness.

Race: Questions regarding race and national origin are not appropriate or legal to ask during an interview. Questions such as, “Where were you born?” or others that would reveal a candidate’s race or national origin are prohibited.

Sex/Gender: Typically, there is not a need to ask a candidate their gender/sex. This information is easily observed in a face-to-face meeting. However, questions that call into question a candidate’s ability to perform the job because of their sex are prohibited. For example, it would be inappropriate to ask a female candidate if she could manage male direct reports.

Finally, using a well designed interview guide is an invaluable tool in facilitating a legal interview and avoiding the danger zones highlighted above. Most importantly, the use of good judgment in interview goes a long way. If the question doesn’t feel right, don’t ask it.

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