What not to ask in an interview
When interviewing potential employees, it pays to know what you can and can’t discuss. Here we cover the major no-nos to keep you on the right side of the law and ensure your hiring process is an ethical one.
Understandably, you want to feel confident in a potential employee before offering them a job. However, there are some interview questions you just can’t ask. Cross the line and you’ll not only risk turning off a prospective candidate but you could find yourself in legal hot water, too.
By law, employers cannot take adverse action against an employee or prospective candidate because of their age, sex, ethnicity or sexual orientation. It’s also unlawful to discriminate on the basis of:
- Marital status
- Family or carer’s responsibilities
- Pregnancy
- Physical or mental disability
- Religious persuasion
- Political views
- National extraction
- Social origin
You may have a perfectly valid reason for choosing not to hire someone, but if you’ve touched on any of these topics in the interview process, you could still put your company in legal jeopardy.
A sensitive subject
Age has always been a prickly subject, and even without the legal ramifications, you could seriously tick someone off if you ask them how old they are.
If you ask a candidate their age when it’s not relevant to the position, and then decide not to hire them, you could be called out for discrimination.
Respecting privacy
Asking ‘Are you married?’ is another big interview no-no. Neither marital status nor sexual preference has any bearing on a person’s ability to do a job, and questions on these topics stray into both personal and discriminatory territory.
In the family way
Research has shown that women bear the brunt of inappropriate or illegal questioning, particularly around family and carer responsibilities.
In the UK, for instance, a report from the Equality and Human Rights Commission found that one in four bosses still think it’s reasonable to ask female candidates about their plans to have children. Meanwhile, women who already have kids frequently report being asked how they’ll juggle work with childcare responsibilities.
Contrary to some opinion, women are not required to divulge whether they have or plan to have children at an interview, even if they’re newly pregnant at the time. The same applies if a woman has chosen not to have kids. It’s illegal to discriminate against a potential employee on the basis of family status, so give this topic a wide berth.
Staying on track
It’s worth remembering that the primary goal of any interview is to assess a candidate’s suitability for the role. Legitimate questions should focus on their ability to deliver on the key elements of the job description.
Certain aspects of a person’s character – particularly with regards to their attitude and behaviour – are also relevant here. It’s ok then to pose questions that help to illuminate these traits, such as ‘Tell me about a challenging experience at work and how you coped.’
Aim to ensure a fair and equitable recruitment process. If you need further help with this a good place to start is with ‘A step-by-step guide to preventing discrimination in recruitment’ from the Australian Human Rights Commission alongside a chat with your CoTalent recruiter for additional guidance.
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