What Questions Are Employers Not Allowed to Ask?

The process of conducting employment interviews can be an intense experience for both employers and job candidates. Employers are focused on selecting the most qualified individual for a role, while candidates strive to make a positive impression. However, amidst the enthusiasm and pressure, employers must be mindful of the interview questions they ask. At Marshall Forman & Schlein LLC, we understand the significance of evaluating interview questions properly to ensure a fair and discrimination-free hiring process. We are here to explore the types of questions that employers are not allowed to ask during job interviews and the legal implications associated with them.

Where Are You From?

Questions related to a candidate’s national origin or place of birth may seem like harmless small talk, but they can lead to discriminatory implications. Inquiring about a candidate’s national origin or where they are from can potentially open employers to charges of discrimination. Employers need to refrain from asking such questions and instead focus on determining a candidate’s eligibility to work in the country through lawful means.

Are You Married?

Inquiring about a candidate’s marital status or maiden name, although seemingly innocuous, is not permissible during job interviews. These questions can lead to gender-based discrimination and are therefore considered inappropriate. Instead, employers can ask whether the candidate has ever worked under another name, which can provide relevant information without delving into discriminatory territory.

How Old Are You?

Asking about a candidate’s age or when they graduated from high school can be interpreted as age bias, which is prohibited under the Age Discrimination in Employment Act of 1967. While it is important for employers to ensure a candidate meets the minimum age requirements for a position, direct questions about age should be avoided. Instead, employers can inquire if the candidate meets the specific age requirements for the role in question.

Do You Have Children?

Questions about a candidate’s family planning intentions, such as whether they have children or plan to start a family, are considered discriminatory. These inquiries have historically been used to maintain gender imbalances in the workforce and are illegal under employment laws. Instead, employers should focus on questions that are directly relevant to the job description and requirements, ensuring fair treatment for all candidates.

Do You Have a Disability?

Inquiring about a candidate’s health, past illnesses, or physical limitations is prohibited, as it violates confidentiality and privacy rights. However, employers can ask whether the candidate is able to perform the necessary job requirements effectively and safely, ensuring that the inquiry is directly related to the candidate’s ability to fulfill the job responsibilities.

What Is Your Current Salary?

Inquiring about a candidate’s current salary history is discouraged, especially in states with salary history bans aimed at preventing gender-based pay discrimination. Instead, employers should establish the salary range for a given position beforehand and openly communicate it during the interview process, fostering transparency and fairness.

Contact Our Employment Attorneys to Discuss Your Situation

Employers need to be aware of the questions that are not permissible during job interviews to ensure compliance with employment laws and regulations. Certain job interview questions can indicate bias or discrimination on the employer’s part. We advise both job seekers and employers to familiarize themselves with legal guidelines surrounding interview questions and seek professional legal assistance if they believe they have been subjected to discriminatory practices during the job interview process. For guidance through the legal complexities of job interviews and to ensure a discrimination-free hiring process, contact a Chillicothe employment attorney at Marshall Forman & Schlein LLC.