Questions NOT to Ask During an Interview

  • Small business owners should know which questions are illegal to ask during an interview. Unfortunately that is easier said than done. Appropriate questions are based upon anti-discriminatory laws that vary from state to state. A variety of federal, state and local laws prohibit employment discrimination, included basing a hiring decision on a protected trait. Generally speaking, the following are illegal in all states so avoid asking any questions that will reveal the following information about a potential employee or applicant:
    • Age
    • Religion
    • Race
    • National Origin
    • Gender
    • Citizenship (Although you may inquire about employment eligibility)
    • Disability
    • Union membership
    • Marital status (depending on the state)
    • Workers compensation history (depending on the state)
    • Prior arrests or convictions (depending on the state)
    • Sexual orientation (depending on the state)
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