You’ve got a job opening in your small business you need filled immediately. You wrote a great help wanted ad, which you posted online and in your local newspaper. You’ve received a pile of resumes and some applicants seem promising. You’re ready to start interviewing.
Hold on, there.
Before you ask the first question, make sure you’re asking questions that will help you find and hire the best candidate. You want to make certain your questions pertain to the job's requirements. Moreover, and this is important, you want to stay out of legal hot water.
Whether you interview prospects in person, by phone or over the Internet, be sure to know what you can, and you can’t, legally ask. Because of federal, state and local non-discrimination laws, there are certain questions you really shouldn’t ask as they are indicative of discrimination.
Various types of employment discrimination is prohibited by the federal government, including age, sex, religion and national origin. Many other types of discrimination are prohibited by many states, such as discrimination based on marital status, pregnancy and sexual orientation.
Some small businesses (typically those with fewer than 15 or 20 employees) are exempt from a few, but not all, anti-discrimination laws. But discrimination is not just a matter of law, discrimination is bad for your business. After all, you want to hire the best person for the job.
So that means staying focused on questions directly pertaining to qualifications for the position: the candidate’s experience and education, how they’ve handled situations in past positions, what their career goals are.
Sure, you want someone who’s a good fit in your small business, so it’s perfectly legal to ask about hobbies and personal interests. Just don’t assume that because someone is of a different religion or national origin, they won’t fit in. (Or if they root for a different sports team, though that certainly is not a covered class from a discrimination standpoint.)
It’s not OK to ask questions about things that really don’t pertain to whether someone can do a job well, such as questions about marital status, age, sexual orientation, nationality, religion, disabilities or whether they have children. Job candidates can use these types of questions as evidence of discrimination.
So here are 20 no-no’s — questions you can’t ask in a job interview — and a few alternatives that help you find the information you might really need to know.
Age no-no’s:
• What’s your date of birth?
• How old are you?
• What year did you graduate from high school? College?
Instead, you can ask:
• Are you over the age of 18?
• Did you graduate from high school? College?
Marital status no-no’s:
• What’s your maiden name?
• Do you go by Ms. or Mrs.?
Nationality no-no’s:
• Are you an American citizen?
• Where were you born?
• What’s your nationality?
• What language did you speak growing up?
Instead, you can ask:
• Are you eligible to work in the United States?
• Do you speak any languages other than English that would be useful in this position?
Family and children no-no’s:
• Are you married? Engaged?
• Do you have children?
• Do you plan on having children? Are you pregnant?
• Have you arranged for child care?
Instead, you can ask:
• Do you have any conflicts with the company work schedule?
Religion no-no’s:
• What religion are you?
• Which religious holidays do you observe?
• What church, synagogue or mosque do you go to?
Instead, you can ask:
• Can you work on holidays and weekends?
Disabilities no-no’s:
• Do you have a disability?
• Do you suffer from any chronic illnesses?
• Do you take any prescription medications?
Instead, you can ask:
• Can you perform the specific physical tasks relevant to the job with reasonable accommodation to your particular needs?
Criminal record no-no:
• Have you ever been arrested?
Instead you can ask:
• Have you ever been convicted of a felony?
Remember, the interview process is a two-way street. While you’re deciding who you’ll hire, top candidates are also deciding whether they want to work for you. If they feel like you discriminate, play favorites, or make decisions based on superficial issues, the best candidates will look elsewhere. And you’ll regret letting a great employee get away.
Among Rhonda Abrams' recent books is the 6th edition of Successful Business Plan: Secrets & Strategies. Register for her free newsletter at PlanningShop.com. Twitter: @RhondaAbrams.
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