Interview Questions Prohibited by Law

Some interview questions aren't legal.

Interviews are designed for prospective employers to meet potential employees. Questions regarding career-related experience, education and achievements are acceptable during an interview, but interviewers are prohibited from asking questions that may result in discrimination of the interviewee. Knowing what is illegal during an interview may help to prevent interviewees from answering inappropriate questions. Knowing what is legal may help employers stay on the right side of the law.

Age

Prospective employers are prohibited from directly asking the interviewee's age; they are, however, allowed to ask indirect questions regarding age. For example, it is acceptable to ask a candidate whether he is old enough to serve liquor if he applies for a job in a bar because such positions involve federal age requirements. The U.S. government also makes it illegal to "discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training," as described by the Age Discrimination in Employment Act.

Criminal History

According to a Lily Garcia column in the "The Washington Post," an interviewer may not ask if an applicant has ever been arrested, but he may ask the interviewee if she has ever been convicted of a crime. If asked about a criminal past, applicants should explain the situation instead of lie. Garcia also notes that in some states, employers may legally decide against an applicant if her past indicates criminal activity regarding the nature of the job for which she applies.

Marital and Family Status and Sex

The United States banned employment discrimination due to sex in the first section of Executive Order 11478. Therefore, it is against the law to inquire about the interviewee's sex, including questions alluding to her sex. In addition, according to the University of Washington's Department of Statistics, it is illegal to ask an interviewee questions regarding her marital or familial status or plans. Instead, employers may inquire about the interviewee's ability to travel and meet the company's guidelines regarding absenteeism and tardiness.

Nation of Origin and Citizenship

Prospective employers may ask an interviewee if he has legal authorization to work in the United States. An interviewer may not, however, inquire about an accent, skin color or family name--even if the question is out of genuine personal interest. Asking about the applicant's hometown, place of birth or where his family hails from is also illegal. A question such as that may be biased toward or against a certain origin or citizenship. If asked such a question, an interviewee is advised to redirect the conversation to a more interview-appropriate question.

Religion and Affiliations

Questions regarding faith or religious affiliations may not be asked unless the candidate applies for a position that is expressly religious, such as a rabbi or minister. In other situations, interviewers may ask if potential employees are available to work on specific days often deemed as holy, such as Saturday or Sunday. Employers are required to make reasonable accommodations for prayer, or at least offer flexibility for employees to switch shifts.

References

• The U.S. Equal Employment Opportunity Commision: Facts About Age Discrimination
• "The Washington Post;" Interview Survival Kit--Improper Questions: Job Interviews and Discrimination; Lily Garcia
• The National Archives: Executive Order 11478--Equal Employment Opportunity in the Federal Governmen
• Job Interview Questions: Illegal Interview Questions
• University of Washington, Department of Statistics: Illegal Questions