Interviewing 101: Common Questions That Could Lead to Trouble

Talk to any CEO and one of their top three issues is finding talent.  We’re all trying to hire, navigate work-from-home environments, identify applicants who use AI to answer questions and pinpoint the folks who double dip (work two full-time jobs).  We find ourselves in a constant need of navigating when to hire, balancing workload and candidate flow.

To that end, you’d think we’d be better at interviewing folks.  It’s something hiring managers are constantly doing.  But now might be a good reminder to invest in some training for your hiring managers, no matter how seasoned they may be.  

A Resume Builder survey found that 32% of hiring managers admit to asking illegal questions. These aren’t just minor slip-ups—they’re potential lawsuit triggers.  Lawsuits are most likely to be brought on by folks who have a vested interest(i.e., the people who made it through your entire interview process, only to not get the job).  

Know that most of the “illegal” questions are asked during the chitchat phase of the interview.  You know, the first couple of minutes when you tend to just talk openly.  Or at the end after you’ve established a rapport. And quite honestly, most aren’t asked deliberately.  Tricky topics come up in the natural course of a conversation with applicants, which is why your hiring manager doesn’t even recognize that they are asking something they should not.  

Not surprisingly, women are most targeted by these illegal questions. Conversations tend to sway into children and/or future family planning. Some topics to avoid include: 

• Salary History: Fun fact: asking about salary history is illegal in 30 states, yet 39% of managers still do it. Instead of asking applicants what they are currently paid, focus on the job’s value and what the applicant brings to the role. Go into the interview with a pay range for the job and find out if that range is doable for the applicants. 

 

• Family Status and Pregnancy: Questions about an applicant’s current family status or future family plans can be flagged as discriminatory. These types of questions can lead to legal issues and must be avoided. It is best to keep questions centered around job-related skills and availability.

 

• Age: Inquiries about the candidate’s age or assumptions based on their generation are problematic. Age discrimination is a serious issue, and questions like, “What does your age say about your work ethic?” are out of line. Stick to questions about the candidate’s experience and abilities.

So how to avoid getting your company in trouble?  

Structured Interviews: One good way is to implement structured interviews to help keep your questions focused and legal. You can prepare a list of job-relevant questions for all hiring managers and team members conducting interviews, ask all candidates the same ones, and score their responses objectively. This method ensures you assess candidates based on their fit for the role, not their personal details. Having questions prepared ahead of time helps hiring managers stay focused and on task. It makes your company look prepared, as well. 

Job Relevance: Of course, it is always important to make sure your questions are directly related to the job’s requirements. Questions about specific skills, past job experiences, and how candidates handle job-related scenarios are fair and focused.

Remember, the goal of an interview is to find the best candidate for the job based on their skills and experience, not personal details. By avoiding these common mistakes, you will create a fairer, more professional hiring process and avoid any potential legal issues. 

For more guidance on this, check out our previous blog, The Key Role of Interview Training for Hiring Managers.

Partner with BOOST to take your recruitment practices to the next level. We can help train your hiring managers and elevate your recruitment strategies to new heights.