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Interview Questions that you are Not Allowed to Ask - Marital and Family Status
These questions primarily concern women with children or women of likely childbearing age; however, the illegal nature of the questions are applicable to everyone.
Ensure that assumptions are not made and avoid embarrassing candidates (and ultimately yourself) by abstaining from asking the following questions.
Illegal: "Is "Smith" your maiden name?"
This question may seem innocent and simple, but it's most certainly off-limits. A candidate's marital status isn't something that's required to be shared with employers. Instead, you can verify whether they have gained experience using any other names by asking a question such as "Have you worked or earned a degree under another name?"
Illegal: "Do you have or plan to have children?"
The concern here is that family obligation will get in the way of work hours, motivation and focus. Do not make assumptions on family situations; alternatively, find out directly what the candidate's availability is by asking, "Are you available to work overtime on occasion? Can you travel?" instead.
Illegal: "Do you have kids?"
It is not your place as an employer to ask this, but you may be fortunate enough that the candidate volunteers to give you this information anyway. You can ask preferably, "What is your experience with "x" age group?"
Illegal: "Who is your closest relative to notify in case of an emergency?"
This may come as a surprise to you as it is not obviously offensive, but this question does make assumptions about a potential employee's personal life. They may not be close to any of their relatives and would instead prefer to list a friend or caretaker. Therefore ask a question along the lines of "In case of an emergency, who should we notify?" instead.
Illegal: "What do your parents do for a living?"
This question can potentially reveal a great deal about a candidate, but it does not, however, reveal their future performance in a position. If you are trying to find out if your candidates family has traditionally worked in that industry, you can ask, "tell me how you became interested in the "x" industry." This may help provide clarification and a greater understanding of a candidate's family background.
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Interview Questions that you are Not Allowed to Ask - Nationality
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Interview Questions that you are Not Allowed to Ask - Religion
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Interview Questions that you are Not Allowed to Ask - Marital and Family Status
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Interview Questions that you are Not Allowed to Ask - Gender
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Interview Questions that you are Not Allowed to Ask - Health
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Interview Questions that you are Not Allowed to Ask - Misc and Conclusion
Date published: 27th February 2024
by Rob Scott
Managing Director
About the author
Rob Scott
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