When conducting interviews, Human Resources (HR) will tell you it’s crucial to avoid questions that could be discriminatory, invasive, or irrelevant to the candidate’s ability to perform the job. But most recruiters need to be self starters when it comes to researching what questions are legal during the interview process.

Illegal Interview Questions to Avoid

Here are eight categories and some types of questions to avoid in the interview process.

1. Personal Information Questions

  • “How old are you?”
  • “Are you married?”
  • “Do you have children or plan to have children?”
  • “What is your religion?”

2. Discriminatory Questions

  • “What is your nationality?”
  • “What is your race?”
  • “Do you have any disabilities?”
  • “What is your sexual orientation?”

3. Irrelevant to Job Performance

  • “What political party do you support?”
  • “Do you smoke or drink?”
  • “What clubs or social organizations do you belong to?”

4. Salary History Questions

  • “What was your salary in your previous job?”

5. Medical History Questions

  • “Do you have any medical conditions we should know about?”

6. Arrest Record

  • “Have you ever been arrested?” (In some jurisdictions, asking about arrest records is illegal, though asking about convictions may be permissible.)

7. Credit History

  • “What is your credit score?” (Unless specifically relevant to the job, such as financial positions.)

8. Gender Identity and Expression

  • “What is your gender?”
  • “Have you ever had a different name?”

Interview Questions You Want to Use

Instead, focus on questions that assess the candidate’s qualifications, skills, experience, and fit for the role.

  • Do you have an active security clearance or have you held a security clearance required job in the past?
  • “Can you describe your experience with [specific skill or tool]?”
  • “How do you handle tight deadlines and pressure?”
  • “Can you give an example of a time you worked as part of a team?”
  • “What motivates you in your career?”
  • When would be an availabilty or start date for you?

By avoiding inappropriate questions and focusing on relevant ones, you create a fair and equitable hiring process and can avoid a lawsuit.

 

THE CLEARED RECRUITING CHRONICLES: YOUR WEEKLY DoD RECRUITING TIPS TO OUT COMPETE THE NEXT NATIONAL SECURITY STAFFER.

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Katie Helbling is a marketing fanatic that enjoys anything digital, communications, promotions & events. She has 10+ years in the DoD supporting multiple contractors with recruitment strategy, staffing augmentation, marketing, & communications. Favorite type of beer: IPA. Fave hike: the Grouse Grind, Vancouver, BC. Fave social platform: ClearanceJobs! 🇺🇸