ILLEGAL INTERVIEWING QUESTIONS

Steven Cesare, Ph.D.

In response to last week’s Tuesdays with Steve post on selection interview preparation, several comments inquired about specific illegal questions that must be avoided during an interview, lest they serve as a premise for an employment discrimination claim. With those requests in mind, here is a basic list of common questions that must never be asked during an employee selection interview.

Are you married? (Do you have a permanent partner?)
With whom do you live?
Do you plan to get married?
Do you have any children? If so, how many and how old are they?
Are you (Is your wife) pregnant?
Do you intend to start a family?
Have you ever had or been treated for any medical condition or disease?
Have you ever been hospitalized for any reason? What for?
Have you ever been treated by a psychiatrist or psychologist?
Have you had a major illness recently?
How many days of work did you miss last year because of illness?
What was the date of your last physical exam?
How’s your family’s health?
Are you taking any prescription drugs? (Do you take drugs?)
Have you ever been treated for drug addiction or alcoholism?
Do you smoke or drink?
What religion do you practice?
What religious holidays do you observe?
What race are you? (What ethnic group do you belong to?)
If you get pregnant, will you continue to work, and will you come back after maternity leave?
How do you feel about supervising men/women?
Is this your maiden name?
Who is your closest relative to notify in case of an emergency?
Do you suffer from an illness or disability?
Do you have any disabilities or impairments that might affect your performance in this job?
How old are you?
When is your birthday?
In what year were you born?
In what year did you graduate from college/high school?
How much longer do you plan to work before you retire?
What country are you from?
Where were you/your parents born?
How long have you lived here?
What is your native language?
What is your country of citizenship?
Are you a US citizen?
Do you own a car?
How tall are you?
How much do you weigh?
Do you have any financial debts?
Do you belong to any social or political organizations?
How much and what kinds of insurance do you currently have?
Have you ever been arrested?
Have you ever been injured on the job or filed a workers’ compensation claim?
What type of military discharge did you receive?
Are you a member of the National Guard or Reserves?
Do you own or rent your own home?
Do you live nearby?
How far is your commute to/from work?