Questions You Cannot Ask at Job Recruitment Interviews
It is illegal to ask prospective employees certain questions, which are not related to the performance of the job. Whether you are an experienced HR professional or a boss interviewing potential candidates, design your interview to take account of laws affecting recruitment. This article gives some general guidelines on these job recruitment interview restrictions and ethical issues of interviewee rights.
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In any job recruitment interview, the goal is to get as much relevant information about the candidate’s suitability as an employee and possibility for successfully carrying out that particular job. The interviewer/interviewers try to eliminate uncertainties while making rational choices about candidate selection. So they try to cover all relevant areas and make probing questions.
However, ethical guidelines try to protect the rights of the person being interviewed. In real life, people and organisations do play by different ethics, but the law in many countries restricts what you can ask or cannot ask candidates at job interviews. Established practice and common decency also dictate how you should conduct a job interview. The purpose of these laws restricting some areas of inquiry is to prevent discrimination, so that every human being gets a fair chance of being recognized for true worth and contribution rather than on grounds of skin colour, ethnicity, gender or age etc.
Though the majority of interviewees are genuinely interested in getting the jobs they apply for, a small number of dishonest people purposely plan misusing the interview system by finding out what is illegal, going for interviews and then suing the company for discrimination when the interviewer has asked the wrong questions. Corporate HR interviewing policy usually learns to take account of these unfortunate malpractices after some expensive litigation.
Though they vary from country to country, some overall guidelines could be given. Some of these restricted areas of inquiry at job interviews are:
- Nationality
- Birthplace
- Ethnicity or race
- Religion
- Sexual orientation
- Marital status
- Health conditions and physical disabilities
The following list of questions gives only some very broad guidelines. You should always check with your company’s HR department or with someone who really knows to see if your state or locality, or even your company, has additional restrictions on what you may not ask.
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Where were you born?
This question might seem like innocent small talk, but it could also be used to gather information about the candidate’s national origin. You should ask whether a candidate is authorized to work in the country, but avoid asking about citizenship. But some jobs are restricted to nationals of that country so you need to ask that question with proof of such citizenship.
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What is your native language?
You can ask whether the person speaks a language required for carrying out the job. For example, if job responsibilities include supporting French-speaking customers, it’s fair to ask whether the candidate speaks French fluently.
Race or ethnicity is an irrelevant factor affecting the employee’s capacity to do the job though there might be some exceptional cases relating to employment in roles that require involvement with particular ethnicities or nationalities. Many employers are aware that discrimination on the basis of race is unlawful so they try to go around by asking questions like “Is that a Jewish name? But enquiries into the ethnicity of candidates are illegal in many countries.
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Are you a lesbian? Are you married?
This question is off limits at job interviews as the information gained can be used as a basis for discrimination. Achieving the balance between work and private life is considered the individual’s own affair and does not concern the employer.
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Do you have children?
This might sound like an innocent question in most setting, but in a job interview it is illegal. There are general prohibitions about discrimination over parental status, so avoid asking this question.
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Do you plan to get pregnant?
This information is insulting, private and also can be used as a basis for discrimination so it should never be asked.
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How old are you?
Age discrimination is illegal, and you should avoid asking this question. Usually people write their age on their CVs. It’s equally ridiculous to ask a senior level applicant with decades of job experience “Are you sure you are over 18 years old?”
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Do you observe Ramadan or Yom Kippur?
You can’t discriminate candidates on the basis of religion, so this question is illegal. If you’re concerned about the candidate’s availability during certain times of the year, you could ask whether he or she can work on holidays and weekends. But you cannot ask about the observance of particular religious holidays, as this question is discriminatory.
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Do you have a disability or chronic illness?
This information is illegal as a factor in recruitment, so the question is illegal. If the job requires some specific physical skills, such as installing cables in high places or standing for most of the day, you may ask whether the person could perform those tasks in those particular circumstances.
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Are you in the National Guard or liable for conscription?
It’s illegal to discriminate against someone because he or she belongs to the National Guard or is liable to conscription.
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Do you smoke or use alcohol?
Almost all jobs forbid drinking being under the influence of alcohol while on the job but consuming alcohol on free time is a private affair. Smoking is also forbidden indoors in many countries. Though people can be fired for drinking or being under the influence of alcohol or other narcotics while on work, and spontaneous tests can be conducted at the workplace, asking about these can be problematic. So make sure what is allowed or not in your country or state.
There are some recession proof industries with high demand for skilled employees. It really does not matter whether you are in a industry where it is difficult to get skilled employees or whether there are hundreds of skilled professionals queueing for jobs, the same laws apply. Most of the articles on the Internet on the topic of what is legal or illegal in job interviews focus on the USA. As legislation and established practices differ in different countries, please make sure of local conditions before designing your own job interview questions.
18 Comments
Good article. As a recruiter I had a bad experience when the candidate was very chatty and this led to my asking wrong question. Then came the discrimination suit. It’s good to warn recruiters against these people.
Thanks Iceman232 for your comments. There are some people who would always try to misuse systems.
Nice article and good points.
In Malta they still ask marital status, age and city/town you were born but I have never had any discrimination with those.
But recently I have read that those kind of questions are no longer going to be asked because some people don’t feel comfortable answering them. Imagine a divorced woman going to a job interview just a month after the separation with her husband and being asked about her marital status. Not only is that going to embarrass but might also make the interviewer think that she is not a good candidate.
That’s a nice article Rana, and very informative. I wish some of the sentences were punctuated more rigorously, just to make reading easier.
Does this apply to just a job interview, or an application as well?
I’d be interested to know. The issue of pregnancy is a big one, I think that is among the leading reasons that women are discriminated against in the work place. Employers think they’ll just “pop out babies”. Its ridiculous.
Thanks Paul. Good question you’ve raised. In larger companies, job application forms are usually checked and ratified by corporate HR and lawyers, so they aim to make these pretty safe for themselves by not asking anything illegal. Privately owned smaller companies might not be aware of the points and request ‘illegal’ information.
Recruitment interviews are often semi-structured, so that the interviewer follows a written script or guideline and then can ask other questions freely. This is where attitudes influence the most as you have described. Showing respect is so difficult for some people.
Very informative and good article. Employers should now what they shouldn’t ask. Recently I was asked if I plan to have children. Now that is a very sensitive issue, especially for me as I’d just divorced.
I liked this article. As a recruiter, you need to remember what is illegal as well as unethical though you need to know a lot of things.
It’s good that people are nowadays more aware. There is so much discrimination around. Good article.
Good tips. But I’m in two minds about the marital status. I was asked “How do I address you – Mrs. or Miss? I guess that is a good way of clarifying how to address. Otherwise being married or not doesn’t affect job performance in any way.
Good article. It’s very common to put birthdate on your own CV. Nowadays I don’t put it. Over the years only once I’ve been asked. Then I just said “Oops sorry”. It’s not an issue for me but just on principle.
Excellent article with great tips.
I have 4 communication companies wanting me to come work for them. I have a degree in Electronic Communications and I am SBCA Certified. I have been doing this work for several years. However, I recently relocated here and my new probation officer told me I cannot do that work any longer, despite no one else having a problem with it and the fact that my job has no relation to the alleged crime I was convicted. What is the labor law that prevents this type of descrimination?
Thanks DJ for your comments. I suggest you find a good lawyer who can help you after examining the facts and background of your case.
All the best!
Very good information. Thanks. I’m a bit unsure about the “How old are you” part. They get that information from the CV, social security number etc. anyway.
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Simple math and looking at the date of high school or college graduation will give them an idea of your age.
I have been asked several times if I am married, have kids, or plan to “get engaged” or “get pregnant.”
Worse is the judgement I get when I respond that I am not married and have no kids. Or, they may love that fact but exploit it because of all the other women who will be constantly leaving early to “go pick up their kids.”