Manager Tips: Questions Not To Ask an Interviewee

Hiring managers should understand which interviewing questions not to ask in order to avoid legal issues. While most managers know to avoid questions about age, race, or religion, sometimes questions that seem innocent can cause trouble. Understanding what can you not ask in an interview is an important skill for successful hiring managers. Here is a list of a few questions not to ask a candidate in an interview:

When did you graduate from high school?

Some interviewers ask this question as an icebreaker or as a form of small talk. However, the answer gives you a general idea of the candidate’s age, which could result in unintentional age discrimination.

Depending on the job, you may have a legitimate need to know if the candidate is over 18 or 21 years old, but beyond that, it’s hard to justify any questions related to age. Most hiring managers know that age discrimination is a consideration if the applicant is over 40 and would never ask outright about a date of birth or age. However, sometimes  interview questions like this create the same issues.

Learn more: Most Common Interview Questions

Your accent isn’t local. Where is it from?

Even if you find the applicant’s dialect charming or interesting, asking about it directly may raise the question of discrimination based on national origin, which is a protected class. The application or resume may give you an idea of where the person lives or where they grew up, but it’s still best to avoid any questions that may tie an applicant to a particular geographic region, either inside or outside the United States. Rarely are these questions justifiably related to the essential functions of the job.

Do you have children? How many? How old are they?

Even if the candidate voluntarily discloses things about children or families, it’s best to avoid that line of conversation. Questions about parenthood or pregnancies, even plans for future ones, may give the impression of discrimination based on family status. For example, female applicants may be viewed less favorably if the interviewer assumes they’ll miss work regularly to care for children. Because of unfair practices like this, pregnancy discrimination is specifically protected under employment laws. Though it may be tempting to exchange stories about children, the best practice is to keep all questions related to the essential functions of the job.

What is the primary language you speak in your home?

You may, as the hiring manager, ask candidates what languages they speak, but only if multilingualism is necessary for the job. If you do ask this question, ask every applicant and ask it in the same way. Once the applicant lists the languages they speak, you may ask how well they speak each one. Consider adding a language fluency assessment to your prescreening process so that the issue of languages spoken doesn’t have to be part of the conversation.

Do you have any disabilities?

Disabilities may be visible or not observable at all, but in general, candidates with physical or emotional challenges are protected by the Americans With Disabilities Act. As the hiring manager, you have a legitimate need to know whether the candidate can perform the essential functions of the job with or without reasonable accommodation. You can ask applicants if they’re able to perform the essential job duties, but there’s no need to ask about specific disabilities they may or may not have. After they accept a job offer, you can discuss accommodations.

If we hire you, will you use our health insurance plan?

Though you might be asking this question for financial or budgeting reasons, steer clear of questions that may create the appearance of discrimination based on health conditions. The applicant might also see it as a way to ask about marital status or other family factors. If the job doesn’t offer health insurance benefits, you can tell the applicant that when setting up the interview.

Do you go to church? If so, where do you attend?

The hiring manager for a faith-based organization may ask this question, but otherwise, you should avoid it. Sometimes, interviewers ask this as an icebreaker or small talk. However, this question may create the impression that you are discriminating based on religion, which most people are aware is illegal. Even if a candidate needs an accommodation for religious reasons, such as being off work on Sundays, the candidate should share that need with you.

What part of town do you live in?

Hiring managers should not ask questions about living space, renting or owning a home, or who lives with the candidate. Questions on these topics may lead to claims of discrimination because they elicit information about finances and family status. The only exception is that you can ask how long an applicant has lived at the current address. This is an interview question not to ask because it may look like the hiring manager is discriminating against people from certain neighborhoods or income levels.

Learn more: Inappropriate Interview Questions and How To Tackle Them Like a Pro

What is your maiden name?

Asking about a candidate’s maiden name may give the impression that you are looking for information about marital status. Hiring managers are allowed to ask if an applicant’s work history may be under another name, but the wording should be the same for all candidates.

Have you ever had an on-the-job injury or filed a workers’ compensation claim?

Asking about workers’ compensation claims or on-the-job injuries are problematic for the same reasons as questions about disabilities. The potential employer is only entitled to know whether the applicant can do the essential functions of the job with or without reasonable accommodation. Gaining that information doesn’t involve knowing about a candidate’s medical history.

Learn more: Things to Never Do During a Phone Interview

Do you consume alcohol regularly? Do you have a history of illegal drug use?

Just as with physical disabilities, the hiring manager can only ask about the applicant’s ability to perform the essential functions of the job. Anything related to addiction treatment or a history of substance abuse goes on the list of questions not to ask in an interview as an employer.

How much debt do you have? How would you describe your financial health?

This may seem to be a legitimate question, and it may be justified if the position you are hiring for handles a significant amount of cash or has access to the company’s bank accounts. However, this question may be construed as discriminatory toward people with lower incomes. While it’s not strictly illegal to ask, it poses a gray area that’s better to avoid if possible.

With some careful preparation and planning, you can develop a list of questions that help you understand your applicant better without raising questions of discrimination. Here are some tips for formulating good interview questions:

• Avoid discussing protected classes. Generally speaking, develop questions unrelated to the applicant’s age, race, ethnicity, gender identity, sexual orientation, or any other demographic information like religion, disability, or family structure.
• Stick to essential functions. Focus your questions on the essential functions of the job as listed in the official job description, making sure that every question has a direct connection with one of those duties.
• Ask consistent questions to each applicant. Every question on your list should be appropriate for every applicant. If any question seems more relevant or less applicable because of some characteristic of the applicant, then that question warrants further review.

Now that you understand which questions not to ask an interviewee, you can save yourself time by developing a list of questions that gather relevant information without breaking any of the rules. Here are some options:

• Why do you want to work for this company?
• Tell me about a situation from a past job that you wish you had handled differently.
• What do you consider your greatest strength as an employee?
• If you could create your perfect job, what would it look like?
• How do you manage your time and prioritize tasks when your workload is heavy?
• Describe the best supervisor you’ve ever had.
• What would you like to achieve in your career in the next five years?
• What is your proudest moment from your career?
• Tell me about a time you successfully managed a conflict in the workplace.
• How do you handle working with someone who has a different personality than you?
• How would your coworkers describe you?
• Why are you looking for a new job now?

Hiring a new team member can be stressful and can lead to legal issues if you don’t understand the questions not to ask an interviewee, so it’s important to develop appropriate questions that help you gather relevant information about your candidates.

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