Illegal job interview questions

If you are a manager at a large corporation with a well-staffed HR and legal department, you've probably gotten a wealth of training on how to conduct a job interview. But if you own your own company or are a manager in a small business, it might be up to you to keep yourself out of trouble when you start the hiring process. Do you know what kinds of questions you're legally allowed to ask? Knowing the limits will help you avoid lawsuits and make smarter hiring decisions.

First of all, there are a limited set of topics that are protected -- in other words, you may not make hiring decisions based on these considerations. The good news is that the list is quite short and is mostly obvious stuff that common sense would dictate is off limits:

Race
Color
Sex
Religion
National origin
Birthplace
Age
Disability status

Marital status

Sometimes, though, applying this list in real-world situations can be confusing, and it's easy to ask something out-of-bounds when it's possible to get the information you really want with a slightly reworded query. Networking site Excelle put together a list of illegal questions and their re-worked legal alternatives.

Illegal question: How old are you?

Legal version: Are you over 18?

Remember that while you can't ask someone's age, it's perfectly legal to ensure they're legally old enough to work for you.

Illegal question: Do you have kids?

Legal version: Are you willing to travel for this position?

You can't ask if someone is married, divorced or has kids. But if you are trying to determine if they can manage travel or flexible hours, go ahead and ask that directly.

Illegal question: Are you a U.S. citizen?

Legal version: Are you legally authorized to work in the U.S.?

Where your candidate is from is immaterial; the real question is if they can legally work here. Just don't directly ask if they have a work visa -- it's HR's job to ensure all the paperwork is complete before the start date.

Illegal question: Have you ever been arrested?

Legal version: Have you ever been convicted of [fill in the blank]?

Perhaps surprisingly, you can't ask someone about their general criminal background. But it's appropriate to ask about criminal behavior that's directly related to the specific field or career in which the person is applying.

Photo courtesy Flickr user bpsusf.

[dstrandberg]

Here's a good piece on questions that are illegal to ask during an interview: http://hr.pre-employ.com/illegal-interview-questions-everyone-involved-in-your-hiring-process-should-know/

[Decisis]

can I ask if those are real or fake and if real, will you go on a date with me?

[HRgirl001]

There is no law on record that makes it illegal to ask the questions mentioned in this article. The reason asking the questions mentioned is not advised as it is illegal to make a hiring decision based upon the answers to these questions. Once the questions are asked the interviewer would be hard-pressed to establish proof that a hiring decision wasn't made based upon the answers.

[danielhennri]

It IS NOT illegal to ask an applicant's age (it might be stupid). If you disagree, please cite the statute which makes it illegal.

It IS illegal to discriminate based on age.

[eiworld]

I recently started interviewing (in Canada) and offer the information about my marital status, children and age. Giving it up at the intial start of the application process just sets the tone for the honesty and that I do realize the sensitivity of the questions needed to be asked. Although, it really hasn't made a difference being upfront about the information, I still believe if it is an issue for an organization - I want it on the table at the early stages of the process. He/She who hides nothing, has nothing to hide.

[TEA_HowardBeale]

Age discrimination is rampant .
Questions/statements include:
When did you graduate college?
We want someone in this position for 20 years.
You have too much experience.
We want someone with much less experience.
When are you looking to retire?
Etc.

[ResumeWriter]

The information in this article is wrong.
There is NO SUCH THING as an illegal interview question. You will find no government document that says any interview question is illegal. These questions are not advised, but they are not illegal. Look at it this way: what if I ask a candidate what religion they are, how old they are and if cancer runs in their family...and then I offer the candidate the job? Have I discriminated? NO! And if I ask those same questions but don't offer the job, then it becomes the candidate's near-impossible task to find a lawyer and prove discrimination.
Here in America we have freedom of speech. All interview questions...even the stupid ones are covered under the first amendment.
The illegal action occurs if those questions are used to withhold a job offer or promotion. Nothing illegal has occurred until that position is withheld SOLELY based on discriminatory actions based on the candidates answers, which means the questions themselves are not illegal. See ResuMAYDAY dot com for more information.

[pjbfny]

"Here in America we have freedom of speech. All interview questions...even the stupid ones are covered under the first amendment."

Um... no. You clearly have no idea (like most Americans) WHAT the First Amendment (it should be capitalised) covers.

[fullyrational]

The article is wrong --- there are no illegal questions -- an interviewer can ask whatever question he/she wants. However, if one of those questions is asked, one would have to wonder why the question was asked, and more importantly, whether the information was used to discriminate.

[ajwmedia]

I had many on race, age, marital status on interviews.... welcome to Amercia

[twmat311]

It's a weird world out there anymore; you always had to do cartwheels to survive an interview, but in a time where "only currently-employed need apply" (you traitors!), are there ANY right or fair guidelines? It seems like a maze where there aren't any ways out; now, legit ways to get the info that's illegal to ask about...