Questions to Avoid During an Interview

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Document Title

Questions to Avoid During an Interview

Introduction

This guide serves to educate interviewers on types of questions that are inappropriate and potentially discriminatory during the hiring process. Adhering to these guidelines helps ensure compliance with employment laws and promotes a fair and equitable interview environment for all candidates.

General Categories of Prohibited Questions

Interviewers must refrain from asking any questions that could reveal protected characteristics or lead to discriminatory hiring decisions. These categories typically include, but are not limited to, those related to demographics, personal life, or non-job-related aspects.

Specific Examples of Questions to Avoid

1. **Age/Date of Birth:** "How old are you?", "What is your date of birth?", "When do you plan to retire?"

2. **Marital Status/Family Plans:** "Are you married?", "Do you have children?", "Do you plan to have children?", "Who will care for your children while you work?"

3. **Religion:** "What is your religion?", "Do you attend church?", "What holidays do you observe?"

4. **Race/Ethnicity/National Origin:** Any questions about a candidate's race, ethnicity, country of origin, or how they pronounce their name if it implies their background.

5. **Gender/Sexual Orientation:** Questions related to a candidate's gender identity, sexual orientation, or personal relationships.

6. **Disability/Health:** "Do you have any disabilities?", "Are you currently taking any prescription medication?", "How many sick days did you take in your last job?" (Focus should be on ability to perform job functions with or without reasonable accommodation).

7. **Arrest Record (not conviction):** Questions about arrest records that did not lead to a conviction. In some jurisdictions, even conviction records may have limitations on when and how they can be asked.

8. **Financial Standing:** "Do you own your home?", "Do you have any debts?", "Have you ever filed for bankruptcy?"

9. **Citizenship/Immigration Status (beyond legal work authorization):** While it is necessary to confirm legal eligibility to work, questions should not prompt details about citizenship or immigration status beyond what is legally required (e.g., "Are you legally authorized to work in {{country_name}}?").

10. **Previous Salary History:** In some jurisdictions, asking about a candidate's previous salary is prohibited or restricted. Focus should be on salary expectations for the current role.

Permissible Alternatives and Best Practices

Instead of asking prohibited questions, focus on job-related skills, experience, and qualifications. For example:

• Instead of: "Who will take care of your children?" Ask: "Are you able to work the required hours for this position?"

• Instead of: "Do you have any health conditions?" Ask: "Are you able to perform the essential functions of this job, with or without reasonable accommodation?"

• Ensure all questions are directly relevant to the job description and the candidate's ability to perform the role's duties and responsibilities.

Consequences of Non-Compliance

Failure to adhere to these guidelines can result in legal challenges, costly lawsuits, reputational damage, and non-compliance with employment equality legislation in {{country_name}}.

Review and Training

It is imperative that all individuals involved in the hiring process regularly review these guidelines and undergo periodic training on fair interview practices and anti-discrimination laws. This document should be reviewed annually and updated to reflect any changes in employment legislation.

Acknowledgement

I have read and understood the guidelines outlined in this document regarding questions to avoid during an interview.

Name: {{interviewer_name}}

Signature: __________________________

Date: {{date}}