Employers Beware: What Not to Ask

While employers have a variety of concerns surrounding applicants for potential employees, some questions cannot be asked in an interview.

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While certain questions may be permitted, depending on the nature of the job, often the same question is illegal. For example, it may normally be impermissible to ask about an applicant’s age, however, if you run a bar and the applicant needs to be a certain age to work there, you can ask their age.

Questions that are usually illegal to ask include, but are not limited to:

  • Have you ever been arrested?
  • Do you have children?
  • Who do you live with?
  • Are you a US citizen?
  • Are you pregnant?
  • What gender do you identify as?
  • What religion are you?
  • How much do you weigh?
  • Are you Hispanic?

While there are many more questions that should not be asked, the above list should definitely not enter into an interview situation.

It’s always a good idea to have standard interview questions that you ask all employees.

Generally, you should avoid asking questions related to race, religion, sex, pregnancy status, disability, age or genetic information, citizenship and marital status.

Asking the wrong questions in an interview can lead to lawsuits, discrimination claims, and many problems. It is essential that you work with your attorney to develop an appropriate interview questionnaire, job description and interview and on-boarding process.

If you need help with your interviewing and hiring process, contact Rickard & Associates today!

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