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13 Interview Questions That Could Get Your Company Sued

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Sensitivity is a must when it comes to putting together your list of interview questions. Candidates can get offended or may even choose to sue your company if you appear to be discriminating based on age, nationality, religion, or personal history.

There are laws in place to protect employees from being not considered for a job role based on anything other than their personalities, ability to speak eloquently, and resumes. Here are 13 interview questions that you should avoid when hiring for a new role.

1. “Are you pregnant, or do you plan on having children?”

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Questions about children or family planning can lead to discrimination claims. Plus, the last thing you want to do is assume a woman is pregnant when she isn’t. As a company, you should also avoid asking about a candidate’s marital status. More often than not, these interview questions are not relevant to the applicant’s ability to perform the job.

2. “What country are you from originally?”

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Unless you’re having an organic conversation with the candidate, this question should probably not come up during the interview. Looking into a candidate’s nationality or place of birth can be interpreted as national origin discrimination. Employers only need to know whether or not the candidate is eligible to work in the United States.

3. “Do you have any physical or mental disabilities?”

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Some jobs require the ability to lift a certain amount of pounds or travel. However, it’s never okay to ask a candidate if they have a disability per the Americans with Disabilities Act (ADA). Employers can ask if an applicant can perform the job duties with reasonable accommodation.

4. “How old are you?”

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Age discrimination is illegal under the Age Discrimination in Employment Act (ADEA). Avoid adding this to your list of interview questions since it could be seen as an attempt to screen candidates based on their age. It’s also offensive to make assumptions about somebody based on when they were born.

5. “What is your religious affiliation?”

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When it comes to interview questions, there’s never a reason to ask a candidate about their religion. It’s insensitive and inappropriate to pry into someone’s personal beliefs and practices. The only exception is if a candidate is applying for a job in a religious organization like a church or temple.

6. “Have you ever been arrested?”

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Many states have made it illegal to ask a candidate about their arrests or criminal records. It can be challenging for reformed prisoners to find work after they’ve served their time. However, a certain offense may be relevant to the job, so be sure to do your research and look into state laws before digging up this information.

7. “What is your sexual orientation or birth gender?”

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Why is a person’s love life relevant? As long as they have the qualifications, they should be considered for the role. Never ask a candidate about their sexual orientation or birth gender during an interview. If you want to know because you want to ask them on a date, that’s a whole other issue!

8. “Do you drink socially?”

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You’re not a doctor speaking with a patient. A potential hire’s personal alcohol use is not relevant to the position. If the individual attended AA or has been in rehab, this interview question could even be seen as an act of discrimination.

9. “How much do you weigh?”

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Professional athletes may need to disclose their weight before joining a team. Everyone else should never be asked how much they weigh when applying for a job. Body shaming and discrimination are hot button issues, and your company could come under a lot of fire if you ask this question during an interview.

10. “What is your native language?”

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Some candidates stand out because they fluently speak more than one language. While that’s perfectly fine, it’s not okay to outright ask a potential hire about their native language. This could be seen as a prying question about their race or nationality. If a person speaks more than one language, they will likely mention that on their own during the interview.

11. “Do you own a home, or have you ever filed for bankruptcy?”

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A candidate’s personal finances are none of your business. Do not ask about bankruptcy or home ownership during the interview. As long as the employee has adequate transportation and looks clean and put together, their place of residence and financial history are not relevant to you.

12. “Do you belong to any clubs or social organizations?”

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As a company, you can learn a lot about a candidate based on what they do in their free time. However, you should not ask someone if they belong to any clubs. Instead, rephrase this interview question to be, “What do you like to do in your free time?” Good candidates know how to bring up their hobbies and apply them to the job for which they’re applying.

13. “What kind of discharge did you receive from the military?”

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This can be a sensitive topic for many veterans and is generally considered too personal for a job interview. If military experience is relevant, focus on the skills and training received. Do not dig any further into a candidate’s military service. Let them bring it up on their own if they wish.

Ask the Right Interview Questions

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Put together a list of interview questions that provide valuable insight into how the candidate will perform on the job. Any question that is overly personal or even remotely discriminatory shouldn’t make the cut. Your focus should always be on finding the right fit for your company.

Read More: 

How to Interview When You Don’t Have Experience

How to Improve Your Confidence Going Into a Job Interview