Illegal vs. Legal Interview Questions

It is important to know what questions are allowed and not going into an interview. Interviewers are not allowed to ask questions based on race, religion, gender, and other personal topics. If they do, and not offer you the position the question of discrimination arises.

Sometimes conversation gets in the way of an interview, and the lines between interview and social get blurred. As an interviewer, it is important to remember to keep questions open ended. This way there is no concern with the manner of the question.

Here are examples of questions an interviewer can and cannot ask:

· What religion are you?

What days of the week are you available to work?

· When do you plan on retiring/how old are you?

What are your long term goals?

· Do you have any kids?

What is your experience with “x” age group? Are you available to occasionally work overtime or travel?

· We’ve always had a man/woman in this position, how will you compare?

Have you managed teams or groups before?

· Are you a smoker? Do you have any disabilities?

Are you able to perform the tasks necessary for this position?

For example, if an interviewer asks a female if she’s married or has any children, and they give the position to a man, there becomes an issue of sex discrimination. If a Muslim person is asked if their religious practices will get in the way of work. They don’t get the position because they pray at certain times a day that is religious discrimination.

It is important to know that when questionable questions are asked in an interview, you don’t have to answer them. Human Resources and other hiring personnel should and would know better. It is important to be aware of these issues before you get put in an awkward interview situation.

By Stephanie Colangelo, Flexhire Associate