Three Common Illegal interview Questions (And What to Ask Instead)

1. How old are you?

Asking for a candidate’s age is generally unnecessary unless it directly relates to the job (e.g., proof of legal age for working in licensed venues). Instead

• ask: "Are you able to meet the legal age requirements for this role?"
• Request age-related documentation only after making a contingent offer.

2. How do you manage work with childcare or family responsibilities?

Family status has no bearing on a person’s ability to perform most roles. To avoid discrimination:

• Ask: "Are you able to commit to the work hours required for this role?"

3. Have you had past injuries or illnesses?

Questions about a candidate’s health or disability must focus on their ability to meet the inherent requirements of the role. Instead:

• Ask: "Is there any reason you might not be able to perform the duties required for this role?"
• Optionally, inquire about reasonable accommodations the candidate might need.

Striking the Balance Between Compliance and Insight

It’s essential to ask questions that demonstrate a candidate's character traits and skills (e.g., "Provide an example of how you overcame a problem") while staying away from irrelevant personal details. This ensures you gather the information needed to assess suitability without crossing legal boundaries.

We recommend aligning interview questions with the inherent job requirements and focusing on professional capabilities.

Practical Tips for Employers:

• Understand Protected Attributes: Avoid asking about age, gender, family status, race, religion, or disability unless explicitly relevant to the job.
• Train Your Team: Ensure hiring managers and interviewers are aware of what constitutes a lawful question.
• Seek Legal Advice: If in doubt, consult with employment law experts to ensure compliance.
• Promote Inclusivity: Demonstrate a willingness to accommodate diverse candidates by asking how you can support their success in the role.