#109 Examples of Acceptable and Unacceptable Interview Questions

When you’re interviewing intern candidates, it’s important to keep the conversation focused on questions that are relevant, fair, and helpful. Illegal interview questions are those that violate anti-discrimination laws, which aim to protect people from unfair treatment based on certain personal characteristics. Here are some examples of acceptable and unacceptable questions you must be aware of.

1. Name

• Acceptable: “Have you ever worked for this company under another name?”
• Unacceptable: “Have you had any other names?” “What is your maiden name?”

Why: Asking about a change in last name could lead to learning if an employee is married or unmarried. It is illegal in several states to discriminate against someone for their marital status.

2. Birthplace

• Acceptable: There are no acceptable questions surrounding an applicant’s birthplace.
• Unacceptable: “Where were you born?” “Where were your parents born?”

Why: Again, there are no acceptable questions about where a candidate was born because it could potentially lead to the belief that you discriminated against their nationality.

3. Age

• Acceptable: “Are you over 18 years of age?” If you’re interviewing for a driver, you can ask if the applicant is over 21 years of age.
• Unacceptable: “How old are you?” Any questions you gear towards figuring out the age of the applicant are unacceptable.

Why: The only time it is acceptable to ask how old an applicant is, is if the job requires an employee of a certain age, otherwise, the applicant can see it as ageism. Some applicants will put a date of birth on their resume.

4. Religion

• Acceptable: There are no acceptable questions surrounding an applicant’s religion.
• Unacceptable: Any questions about a person’s religion or what days they may need off for religious holidays are unacceptable.

Why: You are prohibited by law from discriminating against an employee on the basis of religion.

5. Work Schedule

• Acceptable: “Can you meet the attendance requirements of the position for which you’re applying?”
• Unacceptable: “Do you have any health conditions that would lead to absences from work?”

Why: It is against the law to discriminate against an applicant due to their potential disability.

6. Race

• Acceptable: There are no acceptable questions about the applicant’s race or color.
• Unacceptable: Any questions that are geared towards determining the race of the applicant are unacceptable.

Why: Trying to figure out an applicant’s race could lead to the assumption that you are discriminating against them because of their answer.

7. Citizenship

• Acceptable: “Will you be able to prove you are employable if you are offered the job?”
• Unacceptable: “What nationality are you?”

Why: Again, discriminating against an applicant because of their nationality is illegal, however, most jobs in the United States require candidates to be a u.s. citizen.

8. National Origin

• Acceptable: “What languages can you read, write or speak?” “How fluent are you?”
• Unacceptable: Any questions about an applicant’s lineage or date of entry into the U.S.

9. Education

• Acceptable: “Tell me about your educational background.”
• Unacceptable: “When did you graduate high school?” “When did you receive your degree?”

Why: This again pertains to discriminating against someone because of their age.

10. Experience

• Acceptable: “What is your work experience?” “Do you have experience with the U.S. Armed Forces?” “Why did you leave your last job?”
• Unacceptable: “What type of discharge did you receive from the military?”

Why: Laws prohibit you from discriminating against military members who were honorably discharged, but you may also run into discrimination trouble if the applicant’s discharge was less than honorable.

11. Criminal Background

• Acceptable: Only follow-up inquiries to the application are acceptable.
• Unacceptable: “Have you ever been arrested/indicted for a crime?”

Why: You are not allowed to inquire about an applicant’s criminal background after the interview.

12. Relatives

• Acceptable: “Do any of your relatives work for the company?” “What are their names?”
• Unacceptable: “Are you married?” “What relatives live with you?” “With whom do you reside?”

Why: This line of questioning could lead to uncovering if the applicant is married or has children, which can be illegal to discriminate against.

13. Physical Condition

• Acceptable: “Can you perform the essential functions of the position for which you are interviewing?”
• Unacceptable: “Are you disabled?” “Are you healthy?” Any questions concerning Workers’ Compensation claims are also unacceptable.

Why: Again, it is illegal to discriminate against an applicant for their potential disability.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces many Federal laws in place to prohibit Job Discrimination. You can obtain a complete listing and further information through their website: www.eeoc.gov