Conducting job interviews is a crucial part of the hiring process, but it’s also an area where HR professionals and hiring managers can easily make mistakes if they’re unaware of certain legal boundaries. While the goal of an interview is to find the best candidate for the role, asking inappropriate or illegal questions can do more harm than good, exposing companies to potential lawsuits and damaging their reputation.

In this blog, we’ll explore the types of interview questions HR professionals should avoid, why they’re problematic, and how to ensure your hiring process remains both effective and compliant with employment laws. We’ll also offer some legal alternatives to these questions that you can safely use to assess your candidates’ qualifications.

What Are Illegal Interview Questions?

Illegal interview questions are inquiries that violate federal anti-discrimination laws and are overseen by the U.S. Equal Employment Opportunity Commission (EEOC). These questions often relate to personal attributes that have no bearing on a candidate’s ability to perform the job, such as gender, age, race, religion, or disability. Asking such questions can unintentionally feed biases and discriminate against applicants, putting your company at risk for legal action.

Several key pieces of legislation govern interview practices, including:

• Title VII of the Civil Rights Act of 1964: This law prohibits employment discrimination based on race, color, religion, sex, and national origin.
• The Age Discrimination in Employment Act of 1967 (ADEA): Protects individuals 40 years of age or older from discrimination based on age.
• The Americans with Disabilities Act of 1990 (ADA): Prevents employers from discriminating against qualified individuals with disabilities.

These laws ensure that hiring decisions are made based on qualifications and skills, not on personal characteristics irrelevant to the job.

Why Should HR Avoid Illegal Interview Questions?

Beyond the legal risks, asking discriminatory questions in interviews can harm your company’s reputation and turn away top talent. Candidates who feel uncomfortable or disrespected are likely to withdraw from the hiring process or speak negatively about their experience, which can damage your employer brand.

Moreover, using such questions can lead to unconscious biases that skew the hiring process, resulting in a less diverse workforce. Diversity and inclusion are essential to creating innovative and successful teams, and hiring practices should reflect a commitment to these values.

74 Illegal Interview Questions to Avoid (Plus Legal Alternatives)

Below is a comprehensive list of illegal interview questions, categorized by topics like age, race, and disability, along with legal alternatives that focus on job-related criteria.

1. Age

• Illegal: “How old are you?” or “When did you graduate high school?”
• Legal Alternative: “Are you over 18 years old?” (if relevant to the position, such as serving alcohol).

2. Race and Ethnicity

• Illegal: “What is your race?” or “Where are your parents from?”
• Legal Alternative: There are no acceptable legal alternatives to ask about race or ethnicity, as they are not job-related criteria.

3. Gender and Gender Identity

• Illegal: “Are you a man or a woman?” or “Do you identify as male or female?”
• Legal Alternative: None. Focus on the candidate’s qualifications rather than gender.

4. Sexual Orientation

• Illegal: “Do you have a girlfriend/boyfriend?” or “Are you married?”
• Legal Alternative: Avoid asking about personal relationships. Instead, ask, “Are you available to work the required hours for this job?”

5. Religion

• Illegal: “What religion do you practice?” or “Do you observe any religious holidays?”
• Legal Alternative: “Are you available to work the required schedule for this position?”

6. Disability

• Illegal: “Do you have a disability?” or “Have you ever been on disability leave?”
• Legal Alternative: “Are you able to perform the essential functions of this job with or without reasonable accommodations?”

7. Pregnancy and Family Status

• Illegal: “Are you pregnant?” or “Do you plan on having children soon?”
• Legal Alternative: “Can you meet the job’s attendance and scheduling requirements?”

8. Citizenship or National Origin

• Illegal: “Where were you born?” or “Are you an immigrant?”
• Legal Alternative: “Are you legally authorized to work in the United States?”

9. Salary History

• Illegal: “What was your salary at your last job?”
• Legal Alternative: “What is your salary expectation for this position?” (However, note that some states have banned salary history questions altogether.)

10. Criminal History

• Illegal: “Have you ever been arrested?”
• Legal Alternative: “Have you ever been convicted of a crime relevant to this position?” (If allowed by state law).

11. Military Service

• Illegal: “Why were you discharged from the military?”
• Legal Alternative: “What relevant skills or training did you acquire during your military service?”

How to Handle Illegal Interview Questions as an HR Professional

It’s not uncommon for interviewers to unintentionally ask illegal questions, especially if they’re unaware of the laws governing interview practices. Here are four tips to ensure your hiring process stays within legal boundaries:

1. Use Structured, Skills-Based Interviews

Design your interviews around a structured format that focuses on the specific skills and qualifications needed for the job. This approach reduces the likelihood of biased or irrelevant questions and helps you assess all candidates fairly.

2. Update Your Interview Question Bank

Regularly audit and update your bank of interview questions to ensure they are compliant with current employment laws. Replace outdated or inappropriate questions with those that focus on skills, experience, and job-related criteria.

3. Train Your Team

Ensure that your HR team, hiring managers, and anyone involved in the interview process are well-versed in legal interview practices. Provide training on what questions to avoid and why they are problematic.

4. Provide Clear Job Descriptions

Clearly outline the essential duties, skills, and requirements for each role in your job descriptions. This minimizes the need to ask questions that could veer into illegal territory, such as those about physical abilities or family status.

Avoid Asking Illegal Interview Questions and Treat Candidates with Respect

It’s crucial for HR professionals and hiring managers to steer clear of illegal interview questions to avoid legal trouble and foster a positive candidate experience. Focus on asking skills-based questions that are directly related to the job and the candidate’s ability to perform it. By doing so, you can ensure a fair and compliant hiring process that attracts top talent and reflects well on your company.

How Balance Staffing Can Help

At Balance Staffing, we understand the complexities of hiring the right talent while adhering to legal guidelines. Whether you’re looking for expert advice on conducting compliant interviews or seeking to fill key roles in your organization, we’re here to help. Our team stays on top of the latest industry knowledge and legal requirements to ensure that your hiring process is smooth, effective, and free from legal risks. Let us guide you in making smart hiring decisions that align with your business goals and values. Reach out to Balance Staffing today to learn more!