What Can You Ask? (Keeping It Job-Related)✅
Instead of focusing on personal details, structure your interview questions around the job requirements.
The key is to ensure that every question directly relates to the job candidate’s ability to perform the role effectively.
Here’s how:
✅ Relevant Experience: “Can you walk me through your past work experience that relates to this role? What specific skills or achievements make you a strong fit?”
✅ Job-Specific Skills: “Can you describe a time when you used [specific skill] in a previous role? How did it impact your work?”
✅ Essential Duties: “This position requires [specific task]. Can you explain how you’ve handled similar responsibilities in the past?”
✅ Work Schedule & Availability: “Are you available to work the required schedule, including any overtime or shift changes if necessary?”
✅ Remote or Hybrid Work: “Have you worked remotely before? If so, how do you stay productive in a remote or hybrid work environment?”
✅ Employment Eligibility: “Are you legally authorized to work in the United States? Will you require sponsorship now or in the future?”
✅ Work Environment Adaptability: “This role involves [fast-paced teamwork/independent work/customer interaction]. Can you share an example of how you’ve successfully worked in a similar environment?”
✅ Employment History & Career Progression: “Can you explain your work experience during the period between [dates]? What motivated your career transitions?”
✅ Problem-Solving & Critical Thinking: “Tell me about a challenge you faced in a previous job. How did you handle it, and what was the outcome?”
✅ Collaboration & Communication: “This role involves working closely with [team/clients/management]. Can you provide an example of how you effectively communicated in a challenging situation?”
✅ Company Fit & Culture: “What type of work environment do you thrive in? How do you approach teamwork and collaboration?”
By keeping your questions bona fide and job-related, you ensure fairness, compliance, and a structured interview that truly assesses a candidate’s ability to succeed in the role.
Legal Guidelines for Interviewers 📄
To stay compliant, familiarize yourself with key employment laws:
- EEOC (Equal Employment Opportunity Commission): Enforces laws that protect candidates from discrimination. Note: Make sure you prepare your EEO-1 Report on time.
- Americans with Disabilities Act (ADA): Ensures equal opportunities for individuals with disabilities and mandates reasonable workplace accommodations.
- Age Discrimination in Employment Act (ADEA): Protects employees and applicants aged 40 and older from age-based bias in hiring decisions.
- State Laws: Some states have stricter hiring regulations, so always check local laws.
- Employment Law Best Practices: Always structure interviews around job-related skills and avoid unnecessary personal inquiries.
FAQs About Interview Compliance
General Legal Questions
❔ Can I ask if a candidate is legally allowed to work in the U.S.?
Yes, but it’s important to phrase it correctly. Instead of asking about citizenship status, use this approach: “Do you have the legal right to work in the United States?”
❔ Can I ask a candidate if they will need visa sponsorship?
Yes, but only in a neutral way. You can ask, “Are you authorized to work in the U.S., or will you require sponsorship now or in the future?” Avoid asking about a candidate’s nationality or immigration status.
❔ Can I ask about a candidate’s criminal history?
This depends on state and local laws. Many places have “ban the box” laws restricting when you can ask about convictions. If allowed, focus on job-related offenses.
❔ Can I ask a candidate about their age or date of birth?
No, asking about age directly is illegal under the Age Discrimination in Employment Act (ADEA). Instead, ensure they meet any legal age requirements for the role.
❔ Can I ask a candidate for their Social Security number?
No, not during the interview process. This should only be requested during background checks or onboarding, following legal guidelines.
Personal and Demographic Information
❔ Can I ask about a candidate’s marital status or if they have children?
No. Questions like “Are you married?” or “Do you have kids?” can lead to discrimination claims. Instead, ask: “Are you able to meet the travel or scheduling requirements of the job?”
❔ Can I ask about a candidate’s gender identity or preferred pronouns?
You should not ask this in a way that could be perceived as discriminatory. However, offering a space for candidates to share their pronouns voluntarily can promote inclusivity.
❔ Can I ask where a candidate is from?
No. Asking “Where are you from?” or “What’s your native language?” can imply national origin discrimination. Instead, you can ask, “Are you fluent in [required language] for this role?”
❔ Can I ask about a candidate’s religion or if they need religious accommodations?
No. Avoid questions about religious beliefs. If scheduling concerns arise, you can ask, “Are you available to work the required schedule?”
Health and Disability-Related Questions
❔ What if a candidate brings up their disability?
Only discuss accommodations if the candidate requests one. Otherwise, do not ask further questions about the disability.
❔ Can I ask a candidate about their health history or past medical conditions?
No, questions about medical history or disabilities are illegal under the Americans with Disabilities Act (ADA). However, you can ask if they can perform essential job functions with or without reasonable accommodations.
❔ Can I ask a candidate if they smoke, drink, or use drugs?
You cannot ask about legal substance use. However, you can state if your company has a drug-free workplace policy and requires a pre-employment drug test if applicable.
Employment History and Experience
❔ Should I ask about gaps in employment?
Yes, but frame it as: “Can you tell me about your work experience between [dates]?” This avoids making assumptions about personal circumstances.
❔ Can I ask a candidate why they left their last job?
Yes, as long as you frame it professionally: “What led to your decision to transition from your previous role?”
❔ Can I ask a candidate if they have ever been fired?
Yes, but a better approach is: “Can you tell me about a challenge you faced in a previous role and how you handled it?” This allows for a more constructive conversation.
❔ Can I ask if a candidate has military experience?
Yes, but avoid asking about discharge status. Instead, focus on transferable skills: “How has your military experience prepared you for this role?”
Salary and Financial Questions
❔ Can I ask a candidate about their current salary?
Laws vary by state, but many jurisdictions prohibit salary history questions. Instead, ask about salary expectations: “What are your salary expectations for this role?”
❔ Can I ask a candidate about their credit history?
Generally, no, except for certain financial or security-sensitive roles where a credit check is legally allowed.
Diversity, Equity, and Inclusion
❔ Can I ask a candidate about their race or ethnicity?
No, race-related questions are illegal. If you need demographic data for compliance reporting, use voluntary self-identification surveys separate from the interview process.
❔ Can I ask if a candidate identifies as part of a protected group?
No, unless it is part of an affirmative action program and voluntary for the candidate to disclose.
❔ How should I ensure my interview process is inclusive?
Use structured interviews with standardized questions, avoid biased language, and provide accommodations for all candidates as needed.
Takeaway 💡
Ensuring compliance in your hiring process protects both your company and your candidates. Avoiding questions you can’t ask in an interview helps you build a fair, ethical, and legally sound recruitment strategy.
With AvaHR, you don’t have to worry about structuring interviews correctly – we take care of it for you! Our tools help hiring managers stay compliant while making better hiring decisions. ✅
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Disclaimer: This article is for informational purposes only and does not constitute legal advice. While we aim to provide helpful and accurate content, employment laws may vary by location and change over time. Always consult with a qualified legal professional or HR expert to ensure your hiring practices comply with federal, state, and local regulations.
