Hiring Managers: Are you sure your interview questions are legal?
Even well-meaning conversations can drift into risky territory, leading to discrimination claims or lawsuits. Take this quiz to test your knowledge – and learn safer, compliant alternatives.
*Disclaimer: This article is for educational purposes only and does not constitute legal advice. Employers should consult legal counsel or an HR compliance expert to ensure hiring practices meet all local, state and federal regulations.
QUIZ: Can You Spot the Illegal Hiring Questions?
1. Which question is illegal?
A) "Are you legally eligible to work in the U.S.?"
B) "What's your country of origin?"
C) "Have you ever worked under a different name?"
Answer: B
Why? Asking about a candidate's nationality could lead to claims of national origin discrimination under Title VII of the Civil Rights Act. Instead, focus on whether they are legally eligible to work in the U.S.
2. Which question is illegal?
A) "Can you lift 20 pounds as required for this position?"
B) "Do you have any disabilities that would prevent you from lifting 20 pounds?"
C) "Are you physically fit for this role?"
Answer: B
Why? The Americans with Disabilities Act (ADA) prohibits asking about disabilities. Instead, ask whether the applicant can meet job requirements with or without reasonable accommodation.
3. Which question is illegal?
A) "Are you pregnant or planning to have children?"
B) "Can you meet the scheduling requirements for this job?"
C) "Do you have any family obligations that might interfere with this position?"
Answer: A
Why? Questions about pregnancy, family plans or caregiving responsibilities violate protections under Title VII of the Civil Rights Act and the Pregnancy Discrimination Act. Stick to job-related scheduling questions.
4. Which question is illegal?
A) "How old are you?"
B) "Are you over 18 years old?"
C) "What year did you graduate high school?"
Answer: A and C
Why? The Age Discrimination in Employment Act (ADEA) protects workers 40 and older. Instead, confirm whether the candidate meets any minimum age requirements for the role.
5. Which question is illegal?
A) "What's your marital status?"
B) "Can you work evenings or weekends?"
C) "Do you have reliable transportation?"
Answer: A
Why? Questions about marital status, relationships or childcare are discriminatory under EEO laws. Keep questions focused on job performance and availability.
Best Practices: Legal Alternatives to Common Pitfalls
| TOPIC | AVOID ASKING | ASK INSTEAD |
| Age | "What year did you graduate?" | "Are you at least 18 years old?" |
| Disability | "Do you have any medical conditions?" | "Can you perform the essential job duties with or without accommodation?" |
| Family/Marital Status | "Are you married? Do you have kids?" | "Are you available to work overtime if needed?" |
| Citizenship/Nationality | "Where were you born?" | "Are you legally authorized to work in the U.S.?" |
| Religion | "What holidays do you celebrate?" | Avoid this topic entirely. Focus on availability. |
| Gender | "Do you prefer Mr., Mrs. or Ms.?" | Avoid unless relevant to business practices. |
How a Staffing Firm Can Help You Stay Compliant
Partnering with a staffing firm can reduce legal risks by ensuring your hiring process aligns with employment laws. Staffing agencies:
- Screen candidates legally. They handle pre-interviews and vetting, avoiding sensitive topics.
- Provide expert training. Staffing agencies can offer managers training on interview compliance.
- Offer structured processes. They use pre-approved, job-specific questions to ensure fairness.
- Stay updated on laws. Staffing agencies keep you informed about changing regulations to prevent costly mistakes.
How Did You Score?
If this quiz raised any red flags, it might be time to review your hiring process. Better yet, partner with a staffing firm to streamline compliance while finding the best talent for your team. Contact us today!