From the course: Employment Law Essentials for HR Professionals and Managers
Questions you cannot ask in an interview
From the course: Employment Law Essentials for HR Professionals and Managers
Questions you cannot ask in an interview
- [Instructor] Employers are limited in what they can ask in a job interview. These limitations are created by both federal and state laws. EEO laws, disability laws, privacy laws, retaliation laws, and a dozen other laws apply to the hiring process. As a result, it would be illegal in most circumstances to ask somebody's age, national origin, religion, marital status, whether they have a disability, whether they've ever filed a claim, if they've gone bankrupt, and other questions that may come within the protections created by these laws. The EEOC says information requested through the pre-employment process should be limited to those essential for determining if a person is qualified for the job. As a result, information regarding race and sex, national origin, age, and religion are irrelevant in such determinations. Employers are also explicitly prohibited from making pre-offer inquiries about an applicant's disability status. Let me share examples of questions you should not ask in an interview. In the resource area is an extensive list of these questions. So for example, "What is your age? What is your date of birth? When did you graduate from high school?" which is another way to figure out somebody's age, asking an older candidate whether they can keep up with the younger employees in the department, "Are you a U.S. citizen," again, unless required by some law or agency, "Where is your family from? What is your maiden name? Are you married? How many kids or other dependents do you have? Do you have any religious obligations that would prevent you from being available to work on Friday evenings, Saturdays, Sundays, or holidays?" and physical limitation questions like, "Have you ever had cancer, high blood pressure, or heart problems? Have you ever injured your back? Have you ever taken a leave of absence for health reasons? Do you have any physical or mental disability or handicap that will require reasonable accommodation? Is anybody in your family disabled? Have you ever abused drugs or alcohol? When is the last time you did drugs?" and finally, financial questions like, "Do you own or rent your home? Do you know what your credit score is? Have you ever filed for bankruptcy? Does your spouse work? Do you have a car?" Again, these questions are not permitted unless job-related. For example, if you are hiring somebody to work in a confidential financial position, you can ask relevant financial questions. You would not ask those same questions of a typical retail clerk. Now, you can and should ask questions like, "Are you able to meet the attendance requirements of the job? Do you have a reliable method of transportation? Are you able to perform the physical and mental aspects of the job either with or without an accommodation? Are you able to work overtime if required? Are you legally authorized to work in the U.S.?" In the Exercise Files, I also shared appropriate interview questions for you to consider. You may also find out if human resources has any templates for you to use.
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