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Things You Should Never Ask Job Applicants

December 2, 2021
By James Gussie

Interviews are one of the main ways to find out about someone’s character. While people might be tempted to ask questions that would reveal their personal information, you should never do so in an interview. That said, here are some things you should avoid asking job applicants:

The “questions not to ask in an interview as an employer” is a list of questions that should never be asked during an interview. The list includes things such as what salary you are looking for, and how many hours per week you work.

This page is primarily designed to provide general information. This article does not provide legal advice. Before making any legal choices, please get legal advice. Because various employment regulations differ from state to state throughout the nation, some of the following information may not apply to a specific company or employer.

Table of Contents

What questions may and cannot companies ask job candidates?

Knowing which questions may be asked of job candidates is a minefield for many businesses, because to the complexities of employment rules.

A thorough grasp of federal employment law, on the other hand, may assist you avoid potentially combustible circumstances. Continue reading to learn which queries are likely to be approved under US employment regulations and which are not.

Questions that aren’t allowed to be asked

Almost all of the questions that can’t be asked on a job application or during an interview are about features, attributes, sources of information, or characteristics that the US government has defined. These attributes are often used to justify discrimination and hence cannot be used to justify not employing a certain job candidate, among other things.

These qualities include the following:

Disability
Race/color
Religion
the country of origin
Age
Gender
Pregnancy
Information about the human genome
Citizenship
Status as a veteran
Status in the family

In addition, several states have enacted legislation that recognizes the following qualities as protected characteristics:

Sexual preference
Relationship status

Given the above-mentioned protected traits, it would seem logical to conclude that employers cannot directly query as to whether a job candidate has any of them; yet, just not enquiring about such characteristics—while usually a good practice—is only the beginning.

Employers might end themselves in legal trouble even if they don’t inquire if a particular candidate has a protected feature. Employers may be in breach of employment law merely by discussing or indirectly soliciting information about a protected feature.

Asking inquiries about or linked with protected traits, for example, may be illegal under employment legislation. Even if the question was asked in conjunction with a question about the applicant’s future intentions or aspirations, an employer might be in breach of the law if she asked whether she intended on establishing a family.

Furthermore, asking an application whether he or she observed a religious holiday is effectively questioning about the religion of the applicant or job contender.

To be safe, employers should avoid explicitly or indirectly inquiring about these protected qualities by avoiding these issues completely.

Questions to think about

While the federal and state governments have limited the sorts of questions employers may ask, there are still some that can assist decide if an application or job prospect is a suitable match for the organization.

Employers can generally inquire about whether an applicant will be able to fulfill specific job duties/obligations, such as the ability to lift a certain amount of weight, and whether the applicant can meet specific job requirements, such as providing documentation of legal right to remain in the United States.

This isn’t to suggest that employers can’t ask questions that would exclude a candidate from a job because they lack the abilities, talents, or attributes necessary for the position; quite the reverse, in fact.

For example, if a job requires heavy lifting and the applicant appears to have a disability that would make such heavy lifting difficult, it is likely permissible to ask the applicant if he or she can lift the amounts required by the job—the key is to make no mention of any disability when inquiring about the applicant’s capabilities.

Although it is permitted to inquire about an applicant’s ability to perform the job’s responsibilities, obligations, or requirements, the job’s duties, obligations, or requirements cannot be unlawful in and of itself.

In addition to the questions listed above, interviewers may inquire about the company’s culture, work ethic, and, of course, job abilities.

Interviewer responds to applicant questions

The questions posed by an employer are just one half of the equation in a job interview, and many candidates have questions of their own for their interviewers, which might be troublesome for the company.

In circumstances when an interviewer is unfamiliar with or uncomfortable addressing questions about protected characteristics, the question might be deferred to the human resources department or other counsel.

To summarize, below are some guidelines to follow.

Interviewers may avoid breaking the law by following the following guidelines:

Never ask direct or elicitive inquiries concerning a protected attribute.
Never inquire about a job candidate’s ability to execute unlawful jobs or obligations.
Applicants’ inquiries concerning protected characteristics should be directed to the human resources department or other legal advice.
It’s typically acceptable to inquire about candidates’ ability to perform certain job tasks and responsibilities.

While these standards apply in many situations, employment discrimination laws are complex, so it’s a good idea to obtain assistance from a human resources specialist or other legal counsel. It’s also vital to remember that, in order to avoid violating employment rules, professional advice may be necessary.

Despite the fact that this post is specifically about job interviews, many of these principles apply to other aspects of employment, including firing, compensation, employee assignment or classification, transfer, promotion, layoff or recall, job advertisements, recruitment, testing, use of company facilities, training and apprenticeship programs, fringe benefits, pay, retirement plans, disability leave, and other terms and conditions of employment.

Do you have any further questions for us regarding the legal questions you may ask your applicants? Perhaps you obtained legal advice before hiring and can share your knowledge with other business owners? In the comments section below, you may ask us a question or tell us about your experience.

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The “questions not to ask in an interview as an employer uk” is a list of questions that you should never ask job applicants. The list includes questions about personal finances, religion, and sexual orientation.

Frequently Asked Questions

What are three unacceptable questions to ask applicants?

A:
1. What is the salary?
2. Do you work on commission?
3. Are you looking for a full-time or part-time position?

What questions are illegal to ask on a job application?

A: Questions that are illegal to ask on a job application would be questions such as what is your age? and how old are you?.

What are the 4 questions interviewers Cannot ask?

A:
You can’t ask me any questions about my life, who I am and what my purpose is. You also cannot ask me anything related to sex or religion. Finally, you cant force me to answer a question with an answer that would be of no use for the interviewer