Interviewing Dos and Don'ts

DEI (Diversity, Equity & Inclusion) is top of the agenda for most People Leaders. However, do Hiring Managers know the rules about what questions we can and can't ask at an interview in Europe?

As an experienced headhunter who has spent many years helping customers hire across Europe, I have had the privilege of partnering with a diverse array of hiring managers and recruiters. Recently, I’ve noticed an uptick in questions from those who are expanding their hiring efforts into new European regions and so I wanted to put together a helpful guide to help you stay out of hot water and create a better candidate experience.

Navigating Employment Law

Navigating the intricate web of employment laws in different countries can be daunting, especially when it comes to interview questions that may seem harmless but can lead to legal troubles. To help you avoid these pitfalls and ensure your interview processes are compliant and respectful, I’ve compiled a comprehensive guide on questions that are prohibited in various European countries. This knowledge will not only keep you out of legal hot water but also promote fair and inclusive hiring practices.

Prohibited Interview Questions by Country:

Germany:

1. Salary History: You cannot ask a candidate about their current or past salary. This ensures that pay inequities are not perpetuated.
2. Pregnancy: Asking if a candidate is pregnant or planning to become pregnant is prohibited. This protects against discrimination based on family planning.
3. Previous Employers' Details: Avoid detailed inquiries about previous employers that are not directly related to the candidate's professional experience to respect confidentiality and relevance.

France:

1. Marital Status and Family Plans: Questions about a candidate's marital status, number of children, or plans to start a family are prohibited to prevent discrimination based on personal life.
2. Health and Disability: Asking about a candidate’s health condition or disabilities is not allowed unless it is directly relevant to the job, ensuring non-discrimination against those with health issues or disabilities.
3. Lifestyle Choices: Questions about smoking, drinking habits, or personal hobbies that do not impact job performance are not allowed to protect personal privacy.
4. Sexual Orientation: Any question that might reveal a candidate’s sexual orientation is off-limits to prevent discrimination.

United Kingdom:

1. Age and Date of Birth: Avoid questions that could reveal a candidate's age, as this can lead to age discrimination.
2. Religious Beliefs: Asking about a candidate's religion or religious practices is not permissible to ensure freedom of religious beliefs.
3. Criminal Convictions (unless relevant): You can only ask about criminal convictions if they are directly relevant to the role, particularly for roles involving work with vulnerable groups.
4. Previous Names: Avoid asking about previous names or changes of name, as this could reveal information about marital status or gender transition.

Italy:

1. Political Views: Inquiries about a candidate's political beliefs or affiliations are off-limits to protect personal political freedom.
2. Gender Identity and Sexual Orientation: Questions about gender identity or sexual orientation are prohibited to prevent discrimination.
3. Private Life: Questions about the candidate’s private life that do not relate to their professional abilities should be avoided to respect privacy.
4. Membership in Organisations: Inquiries about memberships in organisations, unless relevant to the job, are prohibited to protect freedom of association.

Spain:

1. Personal Relationships: You cannot ask candidates if they are in a relationship or their relationship status to prevent personal discrimination.
2. Photographs: Requiring a photograph with the job application can lead to discrimination based on appearance and is not allowed.
3. Height and Weight: Questions about a candidate’s height and weight, unless strictly necessary for job performance, are not permissible to avoid physical discrimination.
4. Social Media Access: Requesting social media passwords or access to private profiles is illegal to protect personal privacy.

Netherlands:

1. Ethnic Background: Questions about a candidate's ethnicity or race are illegal to prevent racial discrimination.
2. Living Situation: Inquiries about where a candidate lives or their living situation are not allowed to protect personal privacy.
3. Working Hours Flexibility: While it’s fine to discuss working hours, avoid questions that pressure candidates to reveal their personal time management or caregiving responsibilities.
4. Past Illnesses: Inquiries about past illnesses or medical treatments are not allowed unless directly relevant to job performance to protect against health discrimination.

Sweden:

1. Union Membership: Asking about a candidate’s union membership or their stance on union activities is not permissible to protect freedom of association.
2. Medical History: Avoid questions regarding a candidate's medical history unless it is crucial for the job performance to prevent discrimination based on health status.
3. Family Background: Questions about the candidate’s family background, including parents’ occupations, are prohibited to respect personal privacy.
4. Leisure Activities: Avoid questions about leisure activities unless they have a direct impact on job performance to respect personal privacy.

Belgium:

1. Financial Situation: Questions about a candidate’s financial status, debts, or credit history should not be asked to protect personal financial privacy.
2. Future Plans: Inquiring about personal future plans that are not related to the job is off-limits to respect personal planning and privacy.
3. Housing Situation: Detailed questions about the candidate’s housing situation or living conditions are off-limits to protect personal privacy.
4. Night Work or Shifts: While discussing job requirements is necessary, avoid probing into how a candidate manages night work or shifts in their personal life to respect personal privacy.

Austria:

1. Nationality: Asking about a candidate’s nationality or citizenship status is prohibited unless it’s necessary for the job to prevent nationality-based discrimination.
2. Language Skills: While you can ask about language skills relevant to the job, avoid questions about the candidate’s native language to prevent linguistic discrimination.
3. Insurance: Questions about a candidate's personal insurance status are prohibited to protect personal privacy.
4. Voluntary Work: Avoid questions about voluntary work unless it directly relates to the job to respect personal privacy and activities.

Denmark:

1. Criminal Record (unless relevant): Questions about criminal records should only be asked if directly relevant to the job in question to prevent unnecessary discrimination.
2. Lifestyle Choices: Avoid questions about personal lifestyle choices, such as smoking or drinking habits, unless relevant to the job to respect personal privacy.
3. Political Views: While generally understood, specific inquiries about voting history or political activism that don't relate to job responsibilities should be avoided to respect political freedom.
4. Language Preferences: Asking about language preferences or native languages should only be done if it’s crucial for the role to prevent linguistic discrimination.

Finland:

1. Military Service: Asking about past or future military service obligations is prohibited unless directly relevant to the job to respect personal obligations and prevent discrimination based on military service.

Wrap-Up:

Navigating the complexities of employment laws across different European countries can be challenging, but it's crucial to ensure a fair and respectful hiring process. By avoiding these prohibited questions, you not only protect your organisation from legal repercussions but also promote an inclusive and non-discriminatory workplace. Stay informed, respect local laws, and focus on the candidate's qualifications and professional abilities. Happy hiring!

Feel free to share this guide with your network to help fellow hiring managers and recruiters conduct interviews that are both effective and legally compliant. If you have any questions or need further assistance, don't hesitate to reach out. Let's make hiring a better experience for everyone involved.

#DEI #candidateexpereince #employmentlaw