Employers: Watch out for Interview Pitfalls

Interviewing is a tricky business. You need to know as much as possible about a prospective employee but if your questions cross legal boundaries you can get your company and yourself into some legal hot water. Following are a few questions to avoid:
How old are you? You can ask if the candidate is 18 or older if this is a condition of employment. The Age Discrimination Act of 1967 prohibits the asking of age or age range of an applicant. Don't ask for any kind of ID ( including drivers license or birth certificate) or asking year of high school graduation until you have made a bona fide job offer.
Do you have any health issues? Don't ask this either. Make sure you thoroughly discuss the job requirements to include heavy lifting, dusty or dirty conditions, standing or sitting for extended periods of time, confined spaces, etc. Make certain the applicant understands what is involved in the job. The Americans with Disabilities Act allows a medical examination to explore legitimate interests of the employer such as safety or job qualification, but only after a conditional offer of employment. This goes for handicapped applicants as well.
Are you married? Any question regarding marital status is illegal. Don't try to slide around this one by asking for a maiden name.
Do you have any children? This is not an illegal question, but could be seen as a form of female gender discrimination. In general, it is best to ask if early start times, long hours, overtime etc are workable for the candidate. Applicants will usually be honest about the hours they are available and why.
Have you ever been arrested? Don't ask, it is illegal. You can ask about convictions but only if the crime in question is related to the job available.
From my experience I have found that some applicants will tell you more than you ever wanted to know including their mothers gall bladder surgery, some will not tell you anything but name, rank, and serial number, but most will let you know their limitations and professional goals. When in doubt about your questions just keep in mind that you must not discriminate regarding race, gender, marital status, national origin, religion, or sexual preference.
This article is for useful information only. Please consult your attorney for specific legal advice.
 
(Image credit: Alan Cleaver)