04/11/2025
Who likes free advice? 🙋♀️ When working with new leaders, one of the first things I do to prepare them is provide education on interviewing compliance. Today, I want to share some of those tips with you all. If you'd like to learn more about how I can help you grow your team, please reach out. :)
6 Interview Questions to Avoid — And What to Ask Instead
It’s easy for new hiring managers and business owners to make innocent mistakes. Whether you're trying to get to know a candidate better or simply making conversation, not knowing the law can get you into trouble. Questions that hint at discrimination (ones based on race, age, gender, religion, disability, or family status) can lead to legal trouble.
Here are six questions to avoid in interviews, along with better, legal alternatives:
1. “Where do you live?”
While this may seem harmless, it can be used (intentionally or not) to discriminate based on race or socioeconomic background.
✅ Ask instead:
Will transportation to and from work be an issue?
Are you able to be here at the assigned start time each day?
2. “Have you used drugs before?”
Asking about past drug use or even legal medications can violate ADA protections.
✅ Ask instead:
Are you comfortable taking a drug test?
3. “How old are you?”
Age discrimination is illegal, especially for candidates over 40. Asking about graduation dates can also reveal age.
✅ Ask instead:
Are you legally authorized to work in this role?
This job requires physical tasks—are you able to meet those demands?
4. “Is English your first language?”
This question can suggest discrimination based on nationality or race.
✅ Ask instead:
Which languages do you speak fluently?
How would you rate your communication skills?
5. “Do you plan on having children?”
Any question about family plans, pregnancy, or childcare is off-limits and can be seen as discriminatory.
✅ Ask instead:
This job may require occasional overtime—can you commit to that?
How does this role fit into your long-term career goals?
6. “Have you ever been arrested?”
Arrest records alone don’t indicate guilt and can disproportionately affect certain groups.
✅ Ask instead:
Have you ever been convicted of a crime relevant to this job (e.g., fraud, theft)?
Have you ever been disciplined for violating company policy?
Tips to Stay Compliant:
Keep questions job-related and focused on skills, experience, and ability.
Don’t ask about personal matters like religion, politics, or lifestyle.
Use structured interviews—same questions for every candidate—to ensure fairness.
Use background checks and references to verify sensitive information legally.
