Interviewing 101
Everyone is – or should be – aware of questions that plainly should not be asked in an employment interview, i.e., those concerning protected characteristics. But there are some that are less obvious that might occur in a casual conversation before or after the actual interview. SHRM provides the following examples:
“Are you pregnant? Do you plan on having children soon?”
“I love your accent. Where are you from?”
“Are you married/single?”
They also recommend staying away from pronouns (“you” is always safe) and questions about disability. A “safe” means of covering the latter is to ask if the person is “able to perform the essential function of the job with or without reasonable accommodation.” Other valid questions include the following:
“Have you used any other names in the past that we will need for reference or background check?”
“Where do you currently live? How long have you lived at this location?”
“Are you able to work this particular schedule?”
“Can you present proof of your legal right to work in the U.S.?”
“Tell us which schools you attended and which degrees you received.”
Two other pieces of advice are the following:
Always to tie questions back to the business necessity; and
If a candidate volunteers information related to a protected class, the interviewer should make clear that they don’t make decisions based on age, race, religion or other protected factors. Further, redirect the conversation if possible — but if they share it, do not write it down. “That will be exhibit A if a company is sued for discrimination.”
Finally, be aware of any local/state restrictions/prohibitions on asking about pay, criminal history, etc.