Ask This, Not That:
Avoiding Inappropriate Interview Questions
HR professionals in U.S. companies should know that any question requiring candidates to disclose their nationality, citizenship status, age, marital status, disabilities, arrest and conviction records, military discharge, or personal information violates Title VII of the Civil Rights Act of 1964.
While avoiding these topics may seem straightforward, certain seemingly “harmless” questions can inadvertently cross the line. Below is a guide to avoiding 10 potentially risky questions while still gathering necessary information.
Q1
Ask this: Are you legally authorized to work in the United States?
Not that: Are you a U.S. citizen? or Where were your parents born?
Questions about national origin or ancestry are prohibited, as they are irrelevant to job qualifications or work eligibility.
PS: The only exception is if U.S. citizenship is a specific job requirement (which must be stated in the job posting).
Q2
Ask this: What is your current address and phone number? or Do you have any alternative contact information?
Not that: How long have you lived here?
Similar to the above, this question risks implying citizenship status.
PS: Avoid any phrasing that hints at a candidate’s citizenship!
Q3
Ask this: Are you able to perform the specific duties of this position?
Not that: Do you have any disabilities? or Have you had any recent/past illnesses or surgeries?
PS: Focus on job-related capabilities—never ask about disabilities or medical history.
Q4
Ask this: Are you a member of any professional or trade groups relevant to our industry?
Not that: Do you belong to any clubs or social organizations?
PS: General questions about memberships may inadvertently touch on politics, religion, or personal matters.
Q5
Ask this: Have you ever been convicted of [specific offense substantially related to the job]?
Not that: Have you ever been arrested?
PS: Questions about arrests or charges unrelated to the job are prohibited.
Q6
Ask this: What are your long-term career goals?
Not that: How much longer do you plan to work before retiring?
PS: You cannot discriminate based on age, even if a candidate is nearing retirement.
Q7
Ask this: Are you available to work overtime occasionally? Can you travel?
Not that: Do you have children? or Can you arrange childcare for last-minute overtime/travel?
PS: Never assume family obligations affect availability. Ask directly about scheduling flexibility.
Q8
Ask this: Are you available to work within our required schedule?
Not that: What religion do you practice? or What religious holidays do you observe?
PS: Avoid questions about religion; focus solely on availability.
Q9
Ask this: Are you over the age of 18?
Not that: How old are you? or When did you graduate high school?
PS: Age-related questions risk discrimination claims. Only confirm legal working age.
Q10
Ask this: Is additional information (e.g., a nickname) needed to verify your job references?
Not that: Is this your maiden name? or Do you prefer “Ms.,” “Miss,” or “Mrs.?”
PS: Avoid questions implying marital status, gender, or ethnic background (e.g., “Your name is unique—what nationality is it?”).
By following these guidelines, HR professionals can ensure compliance while gathering essential candidate information.
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