Interview Questions That Can Land Any HR In Trouble

Certain interview questions can indeed put HR professionals and organizations at risk of legal trouble. It's crucial to avoid questions that could be interpreted as discriminatory or invasive. Here’s a list of common problematic questions and the reasons why they can be problematic:

1. “How old are you?”

Why It’s Problematic:

• Age Discrimination: Asking about age can lead to claims of age discrimination. Age should not be a factor in hiring decisions.

Alternative Question:

• “Can you describe your experience with [specific skill or tool]?”

2. “Do you have any disabilities or health conditions?”

Why It’s Problematic:

• Disability Discrimination: This question can be seen as discriminatory under laws such as the Americans with Disabilities Act (ADA). Employers should not inquire about disabilities before making a job offer.

Alternative Question:

• “Are there any accommodations we should consider to help you perform your job effectively?”

3. “What is your religion?”

Why It’s Problematic:

• Religious Discrimination: Asking about religion can lead to religious discrimination claims. Employers should avoid questions about religious beliefs or practices.

Alternative Question:

• “Are you able to work the required schedule for this position?”

4. “Are you married? Do you have children?”

Why It’s Problematic:

• Family Status Discrimination: Questions about marital or family status can be perceived as discriminatory and can lead to claims of bias related to family responsibilities.

Alternative Question:

• “What is your availability for work? Are there any scheduling constraints we should know about?”

5. “What country are you from?”

Why It’s Problematic:

• National Origin Discrimination: This question can be seen as discriminatory regarding a candidate’s national origin or citizenship status.

Alternative Question:

• “Are you legally authorized to work in this country?”

6. “How does your race or ethnicity influence your work?”

Why It’s Problematic:

• Racial/Ethnic Discrimination: Asking about race or ethnicity in the context of work can be discriminatory and irrelevant to job performance.

Alternative Question:

• “Can you provide examples of how you’ve effectively worked with diverse teams or clients?”

7. “What is your sexual orientation?”

Why It’s Problematic:

• Sexual Orientation Discrimination: This question is irrelevant to job performance and can lead to discrimination claims based on sexual orientation.

Alternative Question:

• “How do you handle work-related conflicts or challenges?”

8. “What was your last salary?”

Why It’s Problematic:

• Salary History Discrimination: This question can perpetuate wage gaps and can be seen as discriminatory, especially if used to justify lower offers.

Alternative Question:

• “What are your salary expectations for this role?”

9. “What do you do in your spare time?”

Why It’s Problematic:

• Invasion of Privacy: While this question may seem innocent, it can lead to discriminatory assumptions based on personal interests or activities.

Alternative Question:

• “Can you describe any relevant hobbies or activities that contribute to your professional development?”

10. “Why did you leave your last job?”

Why It’s Problematic:

• Invasive: This question can sometimes elicit responses that touch on sensitive issues like workplace conflicts or personal issues, which may not be relevant to the candidate’s suitability for the current role.

Alternative Question:

• “What are you looking for in your next position that you feel this role can offer?”

General Best Practices for Conducting Interviews:

1. Focus on Job-Related Questions:

   • Ask questions directly related to the candidate’s skills, experience, and qualifications for the role.

2. Maintain Consistency:

   • Ensure that all candidates for the same role are asked the same core set of questions to ensure fairness.

3. Be Aware of Legal Boundaries:

   • Stay informed about employment laws and avoid questions that could lead to claims of discrimination.

4. Ensure Relevance:

   • Make sure all questions are relevant to the candidate’s ability to perform the job and contribute to the company.

5. Respect Privacy:

   • Avoid prying into personal matters that are not relevant to job performance.

By adhering to these guidelines, HR professionals can conduct interviews that are fair, legal, and focused on finding the best candidate for the job without risking legal issues or damaging the company’s reputation.