With nearly 10 percent of the nation’s workforce out of work, you, the recruiter, are probably finding a lot more résumés on your desk.  It can be daunting to find the best person for the job in such a large pool of applicants.  A good candidate knows how to stand out, including researching the company and asking intelligent questions during the interview.  But you, also, need to research the candidate and ask intelligent questions during the interview.  After all, you want to find just the right fit, and with so many candidates to choose from, you may need to ask more questions than you would ask in a typical interview.  While you reach for those extra questions, bear in mind illegal inquiries that could get your company in hot water.  Avoid adding a discrimination claim to a stressful screening process; use caution when discussing the following topics.

1.  AGE

It’s probably obvious you shouldn’t ask how old a candidate is—whether you’re concerned a candidate may be too old or too young to fill the position.  It may be less obvious you shouldn’t ask how long a candidate plans to work before retiring or other questions that could open a case for ageism.  Instead, you can ask if a candidate is of legal working age and about a candidate’s long-term career goals.

2.  MARRIAGE AND FAMILY

Plain and simple: You can’t ask if a candidate is married or has children.  Similarly, you can’t ask if a candidate intends to get married or have children, or if a female candidate would come back from maternity leave if she became pregnant.  Even something potentially innocuous, like asking about a woman’s hyphenated last name, could lead to trouble.  If you’re concerned a candidate’s family obligations may take them away from the job, focus your questions on the facts.  If a position requires overtime or travel, especially at short notice, ask if this will be a problem.

3.  RACE AND NATIONALITY

It is illegal to ask if a candidate is a U.S. citizen or speaks English as a first language.  Of course, the answers to both those questions are important to choosing the right person for the job, so instead, ask if a candidate is legally authorized to work in the country.  You may also ask what languages a candidate fluently speaks.

4.  HEALTH AND PHYSICAL FITNESS

Most every topic directly relating to a candidate’s health and physical fitness is off limits.  You can’t ask about personal habits such as smoking, drinking, or prescription drug use.  You may, however, ask if a candidate uses illegal drugs.  You may also ask if a candidate has ever been disciplined for violating a company’s alcohol or tobacco policy.  Likewise, you can’t ask about a candidate’s personal health, such as disabilities, illnesses, sick leave taken, or even height and weight.  Stick to the facts necessary to perform the job’s duties and ask, “With or without reasonable accommodation, are you able to perform the essential functions of this job?”

5.  MISCELLANEOUS TOPICS

Sometimes seemingly basic—even conversational—questions can pose the biggest threat.  You are not allowed to ask if a candidate lives nearby or has a long commute.  Instead, try asking if the candidate is willing to relocate for the position and is able to work within the designated business hours.  You also can’t ask about a candidate’s general criminal history, but can ask about particular crimes as they relate to the position (for example, fraud and theft for a finance-based job).

When conducting interviews, as a general rule of thumb, stick to the facts: job functions, past work experience, and future career plans.  Phrase every question in a way that relates to those facts and you’ll find the right person for the job without ending up in a legal battle.

The recruitment experts at GHRO can help your company fill its ranks with the highest quality talent available.  To attract and maintain the best candidates, GHRO will prepare a personalized recruitment strategy aligned with your company’s goals and objectives.  GHRO will also manage the entire recruitment process, from screening applicants to helping you select the right employees to conducting negotiation.  For more information about how we can help you acquire top-notch talent, visit our website.