Overview: There are a host of hazards for employers when interviewing job applicants. The good news is HR can avert these most of these minefields by asking all prospective employees a standard set of interview questions and judging them through the same set of criteria.
Good interviewers should focus on the job requirements, and keep discussions focused primarily on the job. They also should have a solid understanding of the background education or experience needed to perform the position.
In addition, inquiries generally should be open-ended and require applicants to draw upon their actual experiences.
Delving into personal matters during an interview can land an employer in trouble. For instance, the Americans with Disabilities Act generally prohibits asking health or disability-related questions in an interview.
In the case of a visible disability, this does not preclude an employer from inquiring if the applicant will need a reasonable accommodation to perform the job.
Questions about marital status, pregnancy or the number of children a candidate has also are improper because these tend to discriminate against female applicants.
Age, national origin, religion and military status are among the other protected characteristics that an employer should avoid asking about during a job interview.
Trends: Although federal law does not prohibit employers from asking about arrest and conviction records during job interviews, several states have placed limitations on the practice.
In addition, a 2012 EEOC Enforcement Guidance says employers should not ask about arrest records and discourages them from automatically disqualifying candidates for convictions that are not job related.
Author: David B. Weisenfeld, JD, Legal Editor
Updated to reflect forthcoming state 'ban the box' and salary history inquiry laws.
California Governor Jerry Brown has signed into law two measures that restrict employers from asking job applicants about their salary and criminal history. Both laws are effective January 1, 2018.
Updated to reflect salary history restrictions, effective October 6, 2017.
A new San Francisco ordinance will prohibit employers, including city contractors and subcontractors, from asking any questions about a job applicant's current or past salary.
Updated to reflect the state ban the box criminal history law, effective July 1, 2017.
Updated to reflect forthcoming law regarding salary history inquiries.
Delaware joins Oregon, Massachusetts and other jurisdictions that have enacted salary history inquiry restrictions on employers. The Delaware measure will take effect in December 2017, and aims to reduce the wage gap between men and women.
An Oregon law will restrict employers from asking job applicants or employees about their salary history. The measure also bans pay discrimination based on any protected characteristic.
HR considerations for a legally compliant job interview.