“Have You Been Arrested?”…and Other Illegal Interview Questions

You think you’re making polite small talk, or perhaps even asking a question relevant to the job. But what you’re really doing is asking illegal interview questions. And if you have a job candidate who recognizes such a question as off-limits, then you could land in legal hot water, particularly if they don’t get extended the offer.

To ensure you stay within the limits of the law when interviewing job candidates, here are a few questions to avoid and how to ask them in a different way to get the intel you need:

Have you ever been arrested?        

You’d think this was a perfectly reasonable question to ask a job candidate. However, as one of Miami’s leading staffing agencies, Future Force can tell you it’s actually not legal. If criminal record is important for you to know about because, for instance, you’re hiring a bookkeeper who will be managing company finances, then instead ask your candidates whether they have been convicted of a crime.

Are you married? Do you have children?

These kinds of questions can indicate how much time a candidate will be able to commit to a job. For instance, a candidate with five small children may not be able to come in early when needed. That said, it’s completely illegal to phrase the question this way. Instead, your “ask” should be directly related to what you need from the candidate. So ask whether the candidate is able to come in early, stay late, or travel when needed.

Do you practice a certain religion? 

Asking about religion is a no-no, unless, of course, you’re a religious organization looking to hire. Instead, if you need to find out if someone can work on Saturday or Sunday, or over a certain holiday, than ask that question directly. Don’t bring religion into the mix.

What country are you from?

If you are interviewing a candidate with an accent, this may seem like a simple question. But it’s also illegal to ask. You can’t ask about a candidate’s country of origin. You can, however, ask if they are authorized to work in this country.

How much debt do you have?

Like the question about being arrested, you can’t ask directly about debt and finances. However, if you do have permission from a candidate, then you can check their credit. This information can only be used in your hiring decision if the information you garner directly impacts the person’s ability to do the job.

Why were you discharged from the military?

You can’t ask a veteran why they were discharged from the military. That said, it’s completely appropriate to ask about the kind of education and training they received during their time in the military.

Need More Help Interviewing Candidates?

If you do, let Future Force know. As one of Miami’s leading staffing agencies (2011 Top Ranked Firm – Staffing Industry Analysts, Top 100 Minority Business, and Hispanic Business 500), we can handle the hiring process for you – from sourcing candidates to conducting interviews and skills testing. You can focus on other priorities, while we deliver top candidates. Contact us today to tell us more about your needs.

 

Leave a Reply

Your email address will not be published. Required fields are marked *