I'll Never Ask These 4 Questions In An Interview
In our work helping organizations find their team members, we conduct hundreds of interviews every week. And what I’ve observed over the years is that when it comes to the interview, it’s just as important to know what not to ask as it is what to ask
Whether you’re interviewing for a job or taking lead in the hiring process, it’s important to be aware of the topics that are strictly off the table- legally speaking. Hopefully these precautions are already built into your hiring process, but in my experience, you’ll never regret opting for ‘safe’ rather than ‘sorry’.
If you’re currently hiring for your team, knowing where to draw the line is key to making sure a casual interview doesn’t quickly become a legal hazard for your company. And if you’re the person being interviewed, you should be equipped to know which questions you don’t have an obligation to answer.
Here are the 4 interview questions that I’ll never ask.
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1. Are you married?
While you may just be trying to get to know the candidate better (totally harmless, right?), questions about marital status will put your company at legal risk. Similarly, asking a question about the number or age of a candidate’s children could be considered discriminatory, especially if they don’t end up getting the job.
If you are about to interview, remind yourself that you may decline to answer any questions of this nature. Only after an offer of employment has been made can your future employer inquire about your home life and/or family structure.
2. Are you religious?
The topic of religion can be an exception to the “don’t ask” rule if the job itself requires the candidate to be religious. For example, a job qualification of a priest is to be a professing Christian, so a church would be within its legal limits to check. However, regarding any non-pastoral position, from secretaries to janitors to CEOs, religion is not an appropriate criterion for evaluating a potential hire.
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3. How often do you like to drink?
While you may not think to ask this exact question, be careful with the topic of alcohol use in any capacity. If your company’s interview process tends to be more relaxed and conversational, a simple conversation about last weekend’s plans could quickly go south.
Legal drug and alcohol use is not permitted to talk about in the interview. However, if it is relevant to the job (like positions that require driving on the job), it's legal to ask if someone drinks or uses drugs. It's not legal to ask how much, or if a candidate has ever been treated for addiction-related issues.
What about drug testing? That's legal, even though it seems contradictory to the law against asking questions. This allows people who are or have been addicted to- or have been treated for addiction to- these substances (recognized as an illness and in some cases, a disability) to be protected from discrimination.
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4. Do you have a disability?
After the Americans with Disabilities Act of 1990, employers are not allowed to discriminate against a qualified candidate with a disability. This, of course, implies that the disability would not impair the candidate from performing the duties of the job itself.
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