According to Title VII of the Civil Rights Act of 1964, any questions that reveal protected classes, such as age, race, national origin, gender, religion, marital status, or sexual orientation, are off-limits. Now, obviously things like age, gender and sometimes race may seem fairly obvious, but hiring decisions cannot be based on these qualities. Below is a list of example questions to avoid:
1. Are you married? This can reveal marital status and sexual orientation, both of which aren’t allowed.
2. Do you have children? You also can’t ask if the person is planning to have children in the future. Even if the woman is visibly pregnant, you can’t refer to it. Instead, ask questions such as, “Do you have responsibilities that will interfere with specific job requirements, such as travelling?” or “Do you have anything planned in the next six months that will interfere with your availability?”
3. What religious holidays do you practice? Instead, ask, “Are you available to work on Saturdays or Sundays.”
4. What country are you from?
5. Is English your first language? Instead, you can ask “What languages do you read, speak, or write fluently?”
6. Do you have any outstanding debt? Credit checks are allowed for positions where money is handled, as long as you check the credit of all the candidates you’re considering. You must also have their permission first.
7. Do you drink? Likewise, asking about past drug use is protected by the Americans with Disabilities Act.
8. How long have you been working? This questions allows employers to calculate age, which is unlawful. Similarly, they can’t ask what year you graduated high school or college, or your birthday. However, they can ask how many years’ experience you have working in a certain industry.
9. What kind of discharge from the military did you receive? You can ask about the skills and experience that the applicant acquired during their service.
10. Have you been arrested? Instead, you can ask if they have been convicted of a crime, but the crime may not disqualify the applicant from the job, unless the conviction directly relates to the job at hand. For example, you don’t want to hire someone who has embezzled money from an accounting position.
Knowing the questions to ask are important in finding the right candidate for the job.