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Your questions in an interview are legal or illegal to ask?

admin July 23, 2015

Even you are an experienced recruiter or a candidate who has overcome hundred of interviews, are you sure you know which questions should be asked or not?

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Anyone who has never encountered a job interview? Even if you are an employee or employer, probably you have met some weird and strange job interview questions with the goal is to obtain important candidate’s information while building a friendly rapport. But actually, some questions are just a little too personally which leads to something illegal.

Your questions in an interview are legal or illegal to ask?

The risk for employers

Do you know that 1 in 5 employers has asked a question in a job interview – only to find out later that it was illegal to ask? Even though your intentions may be innocent, a job candidate could argue that certain questions, which you could unknowingly be putting yourself at risk for legal action as discriminate against your candidates.

Legal or illegal?

Your questions in an interview are legal or illegal to ask?

So what kind of questions are considered as under the law for asking? According to rules and laws in each country, it could lead to some little difference, but in the nutshell, questions related to your age, race, national origin, gender, religion, marital status and sexual orientation are off-limits due to the laws make discrimination based on certain protected categories. Any question that asks an interviewee to reveal their personal information about those topics without relating directly to specific occupational qualifications will violate the laws. Apparently, the intent behind the questions needs to be checked in advance, which until now haven’t many people have the intention of doing.

Avoid these question

Some “normal” questions below are actually not allowed to ask according to protect information and anti-discrimination law

- Are you married?

- What is your religious affiliation?

- Are you pregnant?

- Are you disabled?

- Do you have children or plan to?

- Are you in debt?

- Do you drink or smoke socially?

- What country are you from?

- How long have you been working?

- How Old Are You?

- Have You Ever Been Arrested?

Your questions in an interview are legal or illegal to ask?

Sound pretty surprise, don’t you? So how could an interviewer examine their candidate without asking these questions? You can turn them into sort of metaphor questions to help your potential employees reveal their abilities and characteristics suitable for your company standard and culture, which are, for example:

- What would you do to get out when trapping in a blender? This question can help HR officers evaluate a candidate's problem-solving skills.

- What would you do when you have free time? This question reveals some candidates' lives habit outside of job environment and how it fits with your business culture.

- If you were the only person stranded on a desert island, which two items would you like to bring to? Employers could check the quick reflexes of a candidate and how they deal with situations with limited resources.

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