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5 Questions Employers Should Never Ask In a Job Interview

The sharply dressed fashionista sitting across from you as you conduct their job interview can ask questions about your tie, the prayer flags hanging in your office, or that photo of your children.

You, however, cannot respond in kind—at least, not unless you want to put your business at risk for discrimination.

Most of us became familiar with what constitutes discrimination once the lawsuits and media coverage started peaking in the late ’70s and early ’80s. Yet these five questions continue to be the top five illegal questions employers ask. We’re not asking you to read them and weep, but we are strongly suggesting you let your staff know the facts: These questions are illegal to ask.

“When did you graduate from high school?”

Do the math. Clever, right? People used to get around the law about asking someone how old they were by asking when they graduated from high school. They figured they’d just take the age people are at graduation—17 or 18—and count forward, estimating the person’s age within a couple of years. It only took a few people denied a job because of age discrimination for attorneys to learn how to do the math too. When attorneys won age discrimination settlements far in excess of the gross national product of a small country, it became pretty clear: Asking someone when they graduated is illegal.

“Where were you born?”

There are no circumstances in which you may ask this question during a job interview. Even if the applicant shows up with green skin, antennae sticking out of their head, and four eyes, you cannot say, “So, are you from Mars? Venus? Where exactly were you born?”  The only question you may ask in regards to their national origin is if the applicant is eligible to legally work in the United States.

“Do you have a family?”

We know you’re just thinking ahead to the office holiday party and how many gifts to buy, but the law frowns on asking if a potential employee has a family. People with families will almost always ask you about things like sick days, personal leave, and flex time. Don’t ask why they’re asking and don’t ask anything remotely or directly related to their familial status. (If you badger employees OR candidates about their leave or attendance, without considering their protected family situations, you’re possibly at risk for harassment—check our HR Audit for more on this.)

Even if they volunteer information about their family dynamic, just nod, smile, and change the subject.

“What church do you go to?”

Whether your potential employee goes to church, attends synagogue, or dresses in black robes and stands in a circle of salt under a full moon, you can’t ask about a person’s religious preferences, practices, or profession of faith. Even a lack of faith in anything falls under “religious status.” Just steer clear.

“Have you ever taken a leave of absence from a prior job?”

Many employers consider their greatest competitor for human resources to be parenthood and pregnancy.  The only way around asking the very blatantly illegal question, “Do you have children or are you planning a family?”, is to ask if someone has ever taken a leave of absence. Yet the courts consider asking about “a leave of absence” shorthand for, “Any chance you’re going to get pregnant and leave us in limbo for three months?” It’s still illegal.

So don’t ask.

It’s really simple to avoid getting in trouble. Just focus on job performance, not personal performance. You’re hiring an adult. Trust them to figure out childcare, religious holidays, and family matters! And, if you need more tips for conducting your interview with your candidates, download our Interview Guide!

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