Many employers want to get to know the candidates on a personal level during the interview process. This desire is common and understandable. Still, the interview room can be a minefield of potential legal pitfalls.
Employers must understand what they can and cannot ask during interviews. This knowledge protects both the company and the candidate. Asking the wrong question can appear discriminatory or invasive, leading to costly litigation.
Focusing on skills and qualifications, not personal traits
To promote equal opportunity and avoid potential legal ramifications, refrain from posing interview questions that could be construed as discriminatory, such as:
- How old are you?
- When did you graduate?
- When do you plan to retire?
- Are you married?
- Do you plan to have children?
- What is your religion?
- Where were you born?
- Are you a U.S. citizen?
- Do you have any disabilities?
- What is your sexual orientation?
- Are you pregnant or planning to become pregnant?
- What political party do you support?
Suppose you do not hire the candidate after asking one of these questions. In that case, they might assume it was due to discrimination under various federal and state laws. The Fair Employment and Housing Act provides even broader protections for job applicants in California.
When conducting interviews, prioritize job-related inquiries over personal characteristics. Focus on the candidate’s ability to perform the core functions of the role, whether independently or with reasonable accommodations. Inquiries regarding work experience, skills and career goals are all appropriate avenues for discussion.
Some questions may be permissible if they directly relate to the job requirements. For example, you can ask if a candidate is over 18 if the position involves selling alcohol. However, tread carefully. The employer is responsible for demonstrating that these questions are essential for the role.
It is always better to err on the side of caution
The goal of an interview is to evaluate a candidate’s suitability for the job while respecting their rights, not to pry into their personal life. If you find yourself contending with employment law issues, reach out to a California attorney immediately.