One of the most crucial steps during the hiring process is the interview. Human resources professionals use this time to get to know a candidate better through in-person discussions, specific questions and sometimes even skills testing. It's important that HR hiring managers and companies in general understand certain questions are off-limits during this interview process. There are topics HR managers are legally prohibited from mentioning in order to protect the corporation and its employees.
Unfortunately, a 2014 survey revealed that many hiring and HR managers are in the dark when it comes to the legality of certain questions during an interview. Commissioned by CareerBuilder and carried out by Harris Poll, the survey compiled responses from 2,100 hiring managers and human resources professionals about their experiences during candidate interviews. It turned out 20 percent of participants had asked an illegal question during an interview and when presented with a list of forbidden inquiries, one-third of respondents were not sure whether they could use the questions in an interview setting.
This is troubling, as businesses could lose top talent at this stage in the hiring process, or worse, break the law. No corporation is keen on being sued by a potential hire due to an insensitive or ignorant query during an interview. Here are several areas HR managers should steer clear of while speaking with a candidate:
Family life
While it may seem as if asking about a candidate's home and family is a nice way to get to know them, these questions are illegal in a work setting. Business Insider stated HR managers must avoid the following questions:
- Are you married?
- Do you have children?
- Are you pregnant?
The Pregnancy Discrimination Act and the Family and Medical Leave Act prohibits any inquiries about the state of a potential employee's family planning, child-rearing or pregnancy-related health issues.
Social life
Getting to know a new person is often an awkward endeavor; people find themselves asking others about pastimes and hobbies quite frequently. However, any questions related to drinking alcohol or what neighborhood a candidate lives in is unacceptable. It's illegal to ask whether someone smokes cigarettes or cigars. It's also imperative that employers avoid asking how long a particular candidate has been working or when he or she graduated from high school or college. These questions can easily reveal an applicant's age, which would be in violation of the Older Workers Benefit Protection Act.
Personal opinions
Any questions about religious or political affiliations are off limits for employers as well. Although Business Insider noted the Civil Service Reform Act of 1978 only states federal employers must refrain from this type of inquiry, it would be wise for private employers to follow suit. In addition, any question related to religious practices is forbidden.
Personal identifiers
As most human resources professionals already know, questions about race, color, ethnicity, age, gender and sexuality are off-limits. What some HR managers don't know is they can't ask outright if an applicant is a U.S. citizen. Certainly, verifying eligibility to work in the U.S. legally is necessary, but asking about citizenship or country and language of origin is inappropriate and illegal.
Military experience
While it's acceptable to discuss military experience with a candidate, interviewers should never ask about a person's reason for discharge. On the other hand, any education, experience or training received during military service is available for questioning.
Many businesses lack the structure or resources to ensure HR personnel follow these regulations and maintain compliance during the hiring process. With workforce management software, human resources departments are better able to facilitate interviews, track the most promising applicants and maintain a stellar reputation over the course of the entire employee lifecycle.