Alan Ibbotson

Interview Questions to Avoid, Part 1
June 25, 2007

We are often asked by our clients to help them “stay out of trouble” when it comes to interviewing job candidates by giving them guidance on what they can and cannot ask someone during a job interview. While it may often feel like “political correctness gone mad” (as one of our irritated clients put it!), the laws governing acceptable lines of questioning in an interview situation exist to protect people from various forms of discrimination. The challenge is that it is remarkably easy – even with the very best of intentions - to fall foul of the law and end up in a tricky legal position. While employment laws vary to some degree State to State and of course country to country, the following guidelines on questions to avoid – and some suggested alternatives, should help you avoid the time, trouble, expense and embarrassment of being accused of discriminatory hiring practices. Not that you ever would – at least not intentionally, right?

In general - stay away from questions that have more to do with personal lifestyles than job experience. If any question is not related to performance on the job, it should not be asked. In fact, United States laws and regulations are clear about which questions are illegal. In almost all instances, the following topics should be avoided in any interview conducted in the United States:

• Age - is irrelevant unless you are concerned about child labor violations under the Fair Labor Standards Act, in which case you can ask for proof that he/she is old enough to work.

  OK – If interviewing a candidate for an internship you may say, “I’ll need to see proof you are old enough to work.”

  Not OK – “When did you graduate from College?” or “How soon do you plan to retire?” or “Do you think you can keep up with the rest of the younger employees?”

• Arrests/convictions - do not ask at all. Although you may ask about convictions, it is unlikely you will need to do so.
• Association with current/past employees - this information is not relevant to an applicant's ability to perform successfully in a particular job, and the tendency to either encourage or prohibit the employment of friends or relatives of existing employees may create an adverse impact on members of protected classes.
  
  OK – “How did you learn we were looking for consultants?” Or “What type of work did you do when you worked with Ariel?”
  
  Not OK – “How do you know Ariel?” Or “Did you work with Blaine? He left us recently.”

• Bankruptcy and credit - never ask about bankruptcy since it is illegal to discriminate on this basis under the Federal Bankruptcy Law - all credit inquiries must comply with the Fair Credit Reporting Act.

Click here for parts two and three.

Posted by Alan Ibbotson on June 25, 2007 | Comments (0)