Get access to the exclusive HR Resources you need to succeed in 2018.
Sign up for free email newsletters and get more SHRM content delivered to your inbox.
Is your employee handbook keeping up with the changing world of work? With SHRM's Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Build competencies, establish credibility and advance your career—while earning PDCs—at SHRM Seminars in 14 cities across the U.S. this fall.
Gain the skills you need to rise to the next level in your career. Jon us at SHRM's Leadership Development Forum, October 2-3 in Boston.
Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
To ask or not to ask? That is the question.
And the answer is no—that is, if you are an employer interviewing a job candidate and you plan to ask about a candidate's race, gender, age, religion, sexual orientation, disability or other sensitive topics.
Employers use interviews to find out if a candidate will be a good fit for a job and for the company. However, HR and hiring managers should be aware of questions that are illegal, unethical or that could stray too far into a grey area, according to HR and employment law experts.
Understanding where to draw the line is important for employers to avoid accusations of unfair hiring practices or lawsuits.
[SHRM members-only presentation: Basics for Effective Interviews]
"There are a bunch of questions that are just simply taboo to ask in an interview, and they all relate to discrimination and have nothing to do with the candidate's ability to do the job," explained Jana Tulloch, an HR consultant with DevelopIntelligence, a technical software development company headquartered in Boulder, Colo. "Any question that refers to an individual's sexual orientation, marital or family status, religion, and so forth are no-gos."
For example, Tulloch said, during an interview an employer should never ask "are you planning on starting a family soon?" Employers also should never ask "how old someone is or what ethnicity they are. Candidates can easily claim discrimination if they feel that they were not selected based on their religious beliefs, sexual orientation or pregnancy."
Additionally, "employers need to be sure that their interview questions are the same for all candidates, and that [questions] relate strictly to the knowledge, skills and abilities required to be successful in the role," Tulloch said. "There are some questions around physical abilities that may be asked, as long as [physical ability] is deemed a bona fide requirement of the job."
Charles Vethan, president and CEO of Houston-based Vethan Law Firm, cautioned that it's wise for employers to know state and federal laws concerning interview questions and procedures.
"Taboo topics are not blatant violations of any law, but they may have the tendency to lead the conversation into illegal territory, or may place the employer in a bad public relations light," Vethan said. Some examples of taboo topics include:
Other troublesome questions, according to Vethan and David Weisenfeld, a legal editor with XpertHR, include:
And, according to this LinkedIn article, there are many more troublesome interview questions.
On the other hand, there are questions that may make job seekers nervous but that are completely acceptable to ask. Some of these questions delve into whether a job candidate can meet the requirements for the position, according to Weisenfeld, who specializes in recruiting and hiring topics, including pre-employment screening, interviewing and selection.
These questions may include:
According to another LinkedIn article, there are more such questions.
The bottom line is: When interviewing job candidates, employers should stay focused on the job being interviewed for and determine if candidates meet the criteria for that position. Anything beyond that could be venturing into unwelcome and potentially litigious territory.
Dawn Onley is a freelance writer based in Washington, D.C.
Was this article useful? SHRM offers thousands of tools, templates and other exclusive member benefits, including compliance updates, sample policies, HR expert advice, education discounts, a growing online member community and much more. Join/Renew Now and let SHRM help you work smarter.
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Please sign in as a SHRM member before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
The SHRM Member Discounts program provides member-only access to discounts on products and services you can apply to your life and career, and share with your company.
SHRM’s HR Vendor Directory contains over 10,000 companies