Interviews
5 min read time
14 Aug 2001

10 Illegal Interview Questions to Avoid Asking

10 Illegal Interview Questions to Avoid Asking

Unconscious bias refers to the automatic, often subconscious, associations and attitudes that we have about certain groups of people. These biases can influence our thoughts, actions, and decisions, even when we are not aware of them. In the hiring process, unconscious bias can lead to discrimination against certain candidates based on factors such as their race, gender, age, or other characteristics.

To avoid unconscious bias in the interview process, it is important to be mindful of the types of questions you ask and how you evaluate candidates. In addition to avoiding inappropriate or irrelevant questions, it is important to be aware of illegal interview questions that may reveal information about a candidate's protected characteristics.

Here are 10 illegal interview questions to avoid in order to minimize the impact of unconscious bias:

1. Questions about a candidate's age: Asking a candidate about their age is illegal and can reveal information about their protected characteristic of age.

2. Questions about a candidate's race or national origin: Asking a candidate about their race or national origin is illegal and can reveal information about their protected characteristics of race and national origin.

3. Questions about a candidate's marital or family status: Asking a candidate about their relationship status or whether they have children is illegal and can reveal information about their protected characteristic of family status.

4. Questions about a candidate's religion: Asking a candidate about their religious beliefs or practices is illegal and can reveal information about their protected characteristic of religion.

5. Questions about a candidate's disabilities or medical history: Asking a candidate about their physical or mental disabilities or medical conditions is illegal unless the information is directly related to the job requirements.

6. Questions about a candidate's arrest record: Asking a candidate about any arrests that did not result in a conviction is illegal unless the information is directly related to the job requirements.

7. Questions about a candidate's citizenship: Asking a candidate about their citizenship status is illegal unless it is required by law or necessary for the job.

8. Questions about a candidate's sexual orientation or gender identity: Asking a candidate about their sexual orientation or gender identity is illegal and can reveal information about their protected characteristics of sexual orientation and gender identity.

9. Questions about a candidate's political beliefs or activities: Asking a candidate about their political beliefs or activities is illegal and can reveal information about their protected characteristic of political beliefs.

10. Questions about a candidate's salary history: Asking a candidate about their salary history is illegal as it can perpetuate pay disparities and perpetuate discrimination based on race, gender, and other protected characteristics.

By avoiding these illegal interview questions, you can minimize the impact of unconscious bias in the hiring process and ensure that all candidates are treated fairly and with respect. It's also important to be mindful of your own biases and to take steps to address them, such as implementing diversity and inclusion training and using structured interviews that focus on objective criteria.

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