Interviews – What Can You Ask And What Shouldn’t You Ask?
What Can You Ask And What Shouldn’t You Ask in Interviews?
Obviously, an employer’s intent during an interview is to determine whether a candidate is a good fit for the job. However, the interview process has many pitfalls for an interviewer who is unaware of laws which prohibit questions in certain areas.
In Massachusetts, it is unlawful for a private employer with six or more employees, or a public employer with any number of employees, to refuse to hire an applicant because they are a member, or are presumed to be a member, of a protected class. Interview questions that are used in an attempt to gain information about an applicant’s membership in a protected class may be considered unlawful if they are not necessary to satisfy federal or state law, or are not necessary for the specific job qualifications.
Sample Questions:
Here are some examples of appropriate questions, followed by examples of inappropriate questions accompanied with an explanation.
1. Are you over 18 years of age?
NOT: How old are you? Are you old enough to retire soon?
Questions regarding age may only be asked to assess if an applicant is of legal age to perform the essential duties of the position when the position requires that an applicant be a certain age. They may not be used for the purposes of discriminating against an applicant due to advanced age.
2. Are you legally authorized to work in the United States?
NOT: What is your ancestry or national origin? Where were you born?
An employer may inquire into the applicant’s work authorization, but may not ask questions about where a person is from in order to make assumptions about if that individual immigrated from another country, are a native English speaker, etc.
3. Are you able to perform the essential duties associated with the position?
NOT: Do you have a disability/handicap?
An employer may ask if an applicant can perform all of the duties essential to the position, but the employer may not ask if an applicant has a disability and then make assumptions about the applicant’s ability to perform work-related tasks. As long as an applicant is a “qualified” person with a handicap they should have an equal opportunity for being hired just like any other applicant.
4. Are you a U.S. Veteran?
NOT: Are you disabled due to military service?
An employer may ask applicants if they served in the U.S. Military but may not ask questions in a manner that would require an applicant to provide additional information associating themselves with a protected category.
For information on some additional categories of interview questions that are (and are not) permissible, please refer to this blog article. Please contact us if you have specific questions about employment law and the hiring process.
