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Dos and don’ts for employers during job interviews

On Behalf of | Feb 10, 2025 | Employment Law

Job interviews are one of the scariest parts when searching for work. Potential employees may fear that they may not qualify for a job based on certain factors. However, individuals should not fear that their character, such as their race, marriage status or disability, would prevent them from getting a job.

Here are some questions that employees typically cannot ask during a job interview:

Do ask: What is your job experience?

Businesses must know what type of background potential hires have in their field of work. An interviewer may look to see if an interviewee can demonstrate that they are educated, skilled and experienced to perform their duties — so all that information is “fair game” and relevant to the hiring process.

Don’t ask: How old are you?

An interviewer should typically avoid asking a potential employee their age. This type of question could result in age discrimination. However, there are a few exceptions. For example, an employer may need to know an interviewee’s age if a job position is age-restricted, such as certain jobs in law enforcement. The other exception to this law is that an employee may not be protected from age discrimination if a business has fewer than 20 employees

Do ask: What are your greatest strengths and weaknesses related to this position?

A potential employee may be asked where their strengths lie, such as being able to work within groups and lead a team. Plus, an employer may want to know not only a potential employee’s strengths but also where they may struggle to perform. Again, these are legitimate issues that can affect someone’s job performance, so it’s okay to ask.

Don’t ask: What are your disabilities?

Employees are protected from disability discrimination, so employers may not ask potential hires if they have disabilities or medical conditions. An employer, however, may need to know if an employee has any physical limitations that would prevent an employee from carrying out potential duties, such as lifting or other physical activities. A job description should make it clear the physical requirements for a position.

Do ask: What is your job availability? 

Employees often have tight work schedules — and employers need to know when an employee is available to work. You should not, however, probe into the employee’s reasons for their schedule limitations. If the reason has to do with their service in the National Guard, the medical treatment they need, their ability to care for their children or their religious obligations, you may accidentally stumble into an area that might be ripe for a discrimination suit.

Don’t ask: Are you religious?

An employee’s religious beliefs typically do not interfere with their job requirements. Employers (with few exceptions) are generally not allowed to ask about an interviewee’s religious practices. Knowing an employee’s religious beliefs may lead to biased selection when hiring from a pool of potential employees. 

Knowing how to avoid discrimination issues and litigation is critical for any business owner – and it’s smart to make your anti-discrimination practices effective from the initial interview on.