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Are any interview questions illegal?

On Behalf of | Oct 16, 2021 | Blog, Workplace Discrimination

Gearing up for an interview can fill a prospective employee with nerves. This is the perfect time to get to know a potential employer’s work values and styles, and for all participants to see whether or not they will make a good fit for one another.

But in the process of getting to know an employee, employers must take care not to overstep bounds by asking certain questions that may actually be illegal.

Questions about legal and criminal history

The Hire Talent discusses interview questions that interviewers cannot legally ask. First, know that interviewees and prospective employees have rights that protect them from discrimination. Laws also protect them from having to disclose personal information without their consent. This holds true regardless of whether or not an interviewee ends up hired.

So what sort of information must employees avoid asking an interviewee about? First, they cannot ask about drug usage history or whether a person has an arrest on their record. It is also illegal to ask personal questions such as whether they have a spouse or children.

Questions about religion and nationality

Other personal questions may involve asking an interviewee what country they are from, what religious holidays they practice, and if English is their first language or not. An interviewer cannot ask about disabilities the interviewee might have, or if they served in the military or have a discharge.

Finally, an interviewer cannot ask if the candidate drinks socially, has an easy time managing their finances, or how long they have worked in fields of employment. Anyone who feels they underwent an interview in which they faced such questions should consider contacting legal help.


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