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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