A job candidate is a complicated puzzle that, as an interviewer, you have to solve with limited time and resources. While rapid evaluation is necessary, make sure you don't ask interview questions that are against the law. Many common interview questions violate job discrimination laws while not eliciting any relevant information about the candidate's ability to perform well. Get the facts you need to make informed hiring decisions while being respectful of the candidate's privacy.
1. How Old Are You?
Job applications frequently ask for birth dates, which opens the door to age discrimination. If you contacted a particular applicant — whatever his age — for interview, his skills and experience on paper must have impressed your human resource team. Focus on the distinct benefits candidates can bring to your environment, and avoid making assumptions that candidates aren't compatible with company culture simply because of age. If you need to verify age for legal reasons, simply ask for documentation that the candidate is of legal age to work in the United States.
2. What Is Your Marital/Family Status?
Whether the interview question is about childcare or marriage plans, inquiring about personal lifestyle choices makes you susceptible to bias. You can easily make hasty judgements about candidates' commitment to work if they unwittingly reveal information about wanting to have a family or acting as a caregiver for an ailing spouse. Instead, assess a candidate's level of engagement by asking what steps he takes to prioritize work or discussing his idea of a balanced work schedule.
3. Are You Disabled?
People with physical or medical complications have a wide range of abilities, so never assume that a perceived disability may hinder someone from excelling in a position. Refrain from inquiring about specific health and physical limitations, and stick to interview questions that ask whether the candidate can accomplish the required tasks for the position, such as lifting or prolonged standing. Remember that reasonable accommodations can make a big difference to what is possible.
4. What Is Your Religious/Political Affiliation?
While you probably don't ask direct interview questions about religion or politics, inappropriate behavior often slips under the radar during conversational moments. You may casually discuss a recent election campaign or a religiously affiliated holiday without intending to pry into the candidate's beliefs. This type of information can feed bias, motivating you to positively or negatively judge the candidate's responses, based on your own perceptions of that stance.
5. What Is Your Nationality?
Race, ethnicity and nationality are all protected topics under job discrimination laws, so avoid making any references to what country a candidate comes from, the origin of his name or his ethnic background. Profiling creates unequal competition and can lead you to make hiring decisions based on prejudicial information. Of course, you can ask for proof of a candidate's legal right to work in the country if you are concerned about immigration status.
Asking inappropriate interview questions can prevent you from holding productive conversations with highly qualified recruits. Candidates are reluctant to decline interview questions, which can put them in the awkward position of trying to answer diplomatically. Protect yourself from legal gray areas by focusing solely on how the candidate's experience and expectations match up to the realistic demands of the job.
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