How To Find Out Answers To Off-Limits Interview Questions

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Layne Davlin

September 23, 2008

In every job interview, the employer's goal is to obtain critical information about a candidate while also trying to determine if he/she would be a good fit for the open position and the corporate culture. However, some questions, even ones that seem innocent, can get you in very hot water. Below is a quick rundown of the most commonly asked inappropriate questions and how to rephrase those questions in order to discover the information you need to know to make the right hire.
 
Marital and Family Status
These questions are often addressed primarily to women and can certainly change the tone of an interview.

WRONG
1.    Do you have or plan to have children?
2.    Do you have reliable childcare?
3.    Are you married?

All of the above questions are invasive and clearly discriminatory. Here are some alternative questions that might allow your candidate to volunteer more personal information.

RIGHT
1.    Are you available to travel or work overtime on short notice?
2.    What are your long-term career goals?
 
Nationality and Religious Beliefs
A company has the right to determine if a potential employee is legally able to work for the company or can work per the company calendar. However, you must determine this information in an appropriate way.

WRONG
1.    Are you a US citizen?
2.    What religion do you practice, and what religious holidays do you observe?

RIGHT
1.    Are you authorized to work in the US? If so, can you provide the proper documentation?
2.    Our work schedule is as follows (show candidate company calendar). Are you available to work the schedule set forth by the company?
 
Age and Gender-Related Questions
This is certainly an area where employers tend to get themselves in legal trouble. The following questions related to age are certainly inappropriate, and the questions about men/women relationships can be seen as sexist or even as a proposition.

WRONG
1.    How old are you?
2.    When do you plan to retire?
3.    What are your thoughts on managing members of the opposite sex?
4.    How do you feel about dating co-workers?

RIGHT
1.    How do you see yourself fitting in with our corporate culture?
2.    What previous managerial experience do you have? What are the biggest challenges you have faced in a managerial position?
3.    Have you ever knowingly violated any company policy?
 
Illness and Other Topics
Your candidate's abilities are essential to making hiring decisions, but it is important to avoid assumptions and discrimination. Avoid the following questions to skirt embarrassment and legal troubles.

WRONG
1.    Do you smoke or drink?
2.    Do you take drugs? (This could be confusing to a candidate thinking you are asking about prescription medication – which is illegal).
3.    Do you frequently take sick days?
4.    Do you have a disability?
5.    Have you ever been arrested?

RIGHT
1.    In your past positions, have you ever been disciplined for violating the company alcohol or tobacco policy?
2.    How many total days of work did you miss last year?
3.    Are you able to perform the essential functions of this job with or without reasonable accommodations?
4.    Have you ever been convicted of a crime (Remember, an arrest does not mean guilt)?

In the natural flow of conversation, it is quite difficult to avoid asking some of the above "wrong" questions, so plan your interview questions before you meet with a candidate. Take a list of appropriate interview questions with you, and stick closely to the script. The conversation may not flow as nicely, but you will avoid offending your candidate will likely get the answers you seek even without asking those questions directly.

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