Whether you’re doing your own recruiting or using a professional executive search service, you will eventually be interviewing candidates yourself in the process. I highly suggest that you know what you CANNOT ask in the interview. Job interviews can be a minefield of legal problems. One wrong question, and you can find yourself in a legal discrimination lawsuit.
So, let’s not “wing it.” Instead, we suggest preparing your interview questions ahead of time, and perhaps even include a reminder of what NOT to ask on that list.
Federal and state laws prohibit discrimination on the basis of the applicant’s race, color, national origin, religion, sex, age, and disabilities. Some states prohibit discrimination based on factors such as marital status and sexual orientation, too. In short, stay away from all questions related to these characteristics.
Also, consider how to respond if a candidate volunteers information that could steer into touchier realms (especially in the “getting to know you small talk”): redirect, or respond only to the information that is provided, and do not inquire further. Essentially, avoid questions that can potentially lead to discrimination; only ask questions based on a possible hire’s professional qualifications.
1. GENERAL HEALTH QUESTIONS
Don’t Ask: Do you have any health concerns that we should know about? Are you on disability? Have you had any recent serious illnesses?
Ask: Specifications about certain physical requirements needed by the job (e.g. lifting a certain amount of weight, sitting/standing for a certain period of time).
2. RELIGION
Don’t Ask: What religion do you practice? Will you need to take personal time off to recognize religious holidays?
Ask: Nothing! Best to leave this realm alone during your hunt for the perfect candidate.
3. POLITICAL VIEWS
Don’t Ask: How do you feel about the latest election? Are you involved in any political affiliated associations? How do you feel about our current labor laws?
Ask: Avoid this one altogether, too, and find other professional points of interest to discuss.
4. LIVING SITUATION/CITIZENSHIP
Don’t Ask: Where were you born, or where did you grow up? Will this job impede on your family obligations? Are you married?
Ask: Are you able to be gainfully employed in the U.S.? Are you able to work the agreed upon hours and complete these obligations?
5. GENDERED QUESTIONS
Don’t Ask: What’s your maiden name? Do you think you would be able to perform this job effectively as a woman?
Ask: Keep these questions neutral enough that a person of any gender could answer them, with the focus kept on their professional experience. Would you be able to perform the essential functions of the job? Have you gone by other names?
MORE QUESTIONS NOT TO ASK:
·How old are you?
·Do you have children or grandchildren?
·Do you own or rent your home?
·How much and what types of insurance do you have?
·Have you had a major illness?
·Do you plan on marriage and/or kids?
·Have you been arrested?
·What are your plans for your children’s day care?
Remember, interviews should be based on professional experience and qualifications of a candidate. Personal information discussed during the interview can put you at risk of a discrimination claim and create an uncomfortable experience all around.
Hiring Managers: If you prepare a list of questions ahead of time, have your HR professional or HR attorney review the legalities and approve ahead of time. If you are looking for strategic advice on building your business, consider an Executive Search Consultant like Joe Produce Search for resources to assist your company in building winning leadership teams. As the old saying goes, an ounce of prevention can be worth a pound of cure. 
