7 Questions You Should Never Ask During a Job Interview
Job interviews are essential gateways to employment, allowing hiring managers to assess candidates’ qualifications, experience, and overall fit for a position. However, there are boundaries in what can be questioned during these interviews, set to ensure fairness, inclusivity, and compliance with labor laws. Certain questions, though potentially innocent or well-intended, can be inappropriate or even illegal. Understanding what not to ask in a job interview is just as important as knowing what to ask.
In this article, we will explore seven questions that should never be posed during a job interview, with insights into why these inquiries are problematic and what they reveal about the interview process. These questions not only infringe on a candidate’s privacy and personal freedoms but may also expose organizations to legal liability if they breach anti-discrimination laws.
1. What is Your Age or Date of Birth?
Asking about a candidate’s age, whether directly through their date of birth or indirectly through questions like “How long have you been working?” or “What year did you graduate?”, is highly discouraged and can be illegal in many countries. Age discrimination is prohibited under various labor laws, including the Age Discrimination in Employment Act (ADEA) in the United States. Employers are forbidden from discriminating against employees or potential hires over the age factor, especially if the inquiry impacts the hiring decision.
This type of question may lead candidates to feel that they are being judged based on their age, either assuming that older applicants will be seen as overqualified or less adaptable, or younger candidates as less experienced or lacking professionalism.
Why it’s problematic:
Age-related questions may unintentionally lead to bias or discrimination, excluding qualified candidates based on stereotypes rather than actual abilities. It can also suggest that age may play a role in the hiring decision, making it difficult for people of all ages to feel equal during the hiring process.
Better alternatives:
Instead of focusing on age, hiring managers can ask candidates about their skills, experience, and qualifications relevant to the role.
2. Are You Married? Do You Have Children?
Questions related to marital status, family, or parental responsibilities are also inappropriate. Inquiring about someone’s relationship status or whether they have children may imply that a candidate’s personal life will interfere with their job responsibilities. In some cases, it could be a form of discrimination, particularly against women, who may be stereotyped as more likely to need time off for childcare.
In countries like the United States, such questions are regulated under Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex, marital status, or family circumstances. Even in regions where such laws are not explicitly outlined, these questions can still lead to bias or discrimination, potentially excluding competent candidates based on irrelevant factors.
Why it’s problematic:
These questions focus on personal life aspects that do not correlate with job performance. They can lead to biased decisions about a candidate’s reliability, work-life balance, or commitment to their job. In some cases, these questions might even discourage highly qualified individuals from applying.
Better alternatives:
Instead of prying into family matters, interviewers can discuss work-life balance policies or how the organization supports its employees in managing their professional responsibilities.
3. What is Your Religious Affiliation?
Asking about a candidate’s religion is a direct violation of privacy and, in many cases, an illegal line of questioning. Religious beliefs should never be a factor in hiring decisions, as they have no bearing on a candidate’s ability to perform their job. The U.S. Equal Employment Opportunity Commission (EEOC) enforces strict anti-discrimination policies under Title VII of the Civil Rights Act, which prohibits discrimination based on religion.
Inquiring about religion can make interviewees feel uncomfortable or coerced to share personal beliefs, especially if they are from minority religions or non-believers. Additionally, this type of question can suggest that hiring decisions are influenced by religious preferences, which undermines the fairness of the hiring process.
Why it’s problematic:
This question can alienate candidates from various backgrounds, making them feel as if they must hide their religion to be considered for the role. It also creates an environment where religious discrimination may be seen as acceptable, which is not in line with workplace inclusivity and diversity policies.
Better alternatives:
Instead of asking about religious affiliation, employers can discuss the company’s approach to diversity and inclusion, along with policies that accommodate religious practices, like prayer times or observances of religious holidays.
4. Are You Planning to Get Pregnant?
Questions that inquire about a candidate’s future family plans are illegal in many jurisdictions because they perpetuate gender-based discrimination, often targeting women. This question suggests that a woman’s ability to perform at work is contingent on her reproductive status, and it can reinforce harmful stereotypes about women in the workplace.
Such questions typically arise when an employer is concerned that hiring someone of childbearing age could lead to maternity leave or absenteeism. However, this assumption is not only incorrect but also a violation of employment laws such as the Family and Medical Leave Act (FMLA) in the U.S. and similar protections in other countries.
Why it’s problematic:
This question is not only discriminatory but also irrelevant to a candidate’s ability to perform the job. Decisions based on this question ignore the potential for job performance and career commitment, assuming that childbearing will interfere with professional duties.
Better alternatives:
If there is a legitimate concern regarding job flexibility or leave policies, interviewers can discuss the organization’s maternity and paternity leave policies, ensuring the focus remains on the company’s benefits and work-life balance rather than personal choices.
5. What is Your Nationality or Ethnicity?
Asking about someone’s nationality or ethnicity is another question that is both inappropriate and illegal in many settings. Discriminating based on ethnicity or national origin can be a violation of Title VII of the Civil Rights Act of 1964, as well as various other labor laws around the world.
While employers may inquire about work authorization status (e.g., whether a candidate is legally authorized to work in a specific country), questions about a candidate’s ethnicity, nationality, or race have no bearing on job qualification or suitability. These questions may imply that certain groups are more or less likely to succeed in the role, which is unfounded and discriminatory.
Why it’s problematic:
These questions can create an atmosphere where candidates from underrepresented backgrounds feel unwelcome or prejudged. They reinforce harmful biases that have no connection to a candidate’s professional ability, and may also lead to discriminatory practices in hiring.
Better alternatives:
Interviewers can focus on assessing qualifications and experience, and if necessary, verify legal work status without inquiring about personal background details.
6. Do You Have Any Disabilities?
Asking about a candidate’s disability status is illegal in most regions, particularly in the U.S. under the Americans with Disabilities Act (ADA). While it’s permissible for employers to ask about a candidate’s ability to perform the essential duties of the job, the question itself about disabilities is discriminatory and irrelevant. It puts the burden on the candidate to disclose potentially sensitive information about their physical or mental health.
Instead of focusing on a candidate’s health status, employers can discuss the job’s requirements and ask whether the candidate is able to perform those tasks, with or without reasonable accommodations. Disabilities should not be a determining factor in whether someone is hired unless it directly impacts the ability to perform the essential functions of the job, which can be addressed by providing reasonable adjustments.
Why it’s problematic:
This question can cause candidates to feel singled out or pressured to disclose personal medical information. It may also discourage candidates with disabilities from applying, fearing that their potential employer might not be supportive or fair in considering their application.
Better alternatives:
Interviewers can focus on the essential duties of the job and inquire whether the candidate is capable of performing those duties, offering reasonable accommodations if needed.
7. Have You Ever Been Arrested?
Asking about an applicant’s arrest record is illegal in many jurisdictions, including in the U.S. under various state laws and under the Equal Employment Opportunity Commission (EEOC) guidelines. While asking about convictions that are directly related to the job may be permitted, arrest records themselves are not indicative of guilt or professional behavior.
Arrests do not equate to a criminal conviction, and many individuals may have been arrested but not convicted. Asking about arrests without a conviction violates a candidate’s privacy and can lead to discrimination based on the circumstances of an arrest, rather than the individual’s qualifications and abilities.
Why it’s problematic:
This question can unfairly disadvantage candidates who may have been arrested but never convicted, potentially leading to discrimination based on their past rather than their present qualifications or character.
Better alternatives:
Employers can inquire about criminal convictions, but only if those convictions are relevant to the position and in accordance with local laws. For example, positions that involve handling money may reasonably require a background check related to theft-related offenses.
Conclusion
Job interviews are a critical part of the hiring process, but they must be conducted with respect to candidates’ privacy, fairness, and legal rights. Asking questions about age, family status, religion, marital status, and disabilities not only violates anti-discrimination laws but also undermines the integrity of the hiring process. It’s essential for interviewers to focus on candidates’ qualifications, experience, and ability to perform job duties, rather than personal characteristics that have no relevance to the role. By avoiding illegal and inappropriate questions, employers can foster a more inclusive and fair hiring environment, ultimately attracting a more diverse and talented workforce.