"Are You Pregnant?" and Other Questions You Can't Ask a Candidate

As a job recruiter or headhunter, you have one goal: fill an open position with the best possible candidate. To do so, you want to ask the right questions and get the right information to make an informed decision. However, certain laws -- including the Civil Rights Acts of 1964 and 1991, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1991 -- mean you have to pick and choose your questions to keep the interview legal.

Avoid asking a job applicant about her age, place of birth, or marital status.

Questions to Avoid

While bluntness can be an admirable trait in some cases, a job interview isn't the time -- instead, think about what you're asking and why you're asking it. Focus on asking questions about how the candidate is qualified to fill the position, not about their personal life or stats. Questions or topics that are off-limits include:

Age or birth date: Whether you want to hire an older employee with more experience or a younger person at a lower salary, asking how old the candidate is could kick start an age discrimination lawsuit.

Place of birth: Even if you're just making small talk about someone's origins, asking where a candidate is born can get you in legal trouble. Rather than asking if someone is from another country, simply ask if he is legally authorized to work in the U.S. -- a standard job application question.

Religious beliefs: Even if the company has a religious affiliation -- such as a Catholic university or hospital -- asking about the job candidate's beliefs is not allowed.

Along the same lines, asking about a person's outside clubs or organizations isn't allowed either, because it could reveal a religious or personal affiliation. The only exception is if an organization has a professional slant.

Family and marital status: Stay away from any questions about a person's relationship status, sexual preference, and current or future plans for children. Even questioning the name of a known spouse and his or her occupation or salary is off the table, other than asking if that spouse (or other family member) is employed by your organization. This guideline includes asking if a woman is pregnant or planning to become pregnant, even if it's just chit-chat about stroller recommendations.

Disabilities: Flat-out asking if a candidate has any mental or physical disabilities -- even if that disability is visible -- is not allowed. However, you can ask if the applicant is able to carry out all necessary job assignment and function in a safe manner.

Even if a woman is noticeably pregnant, it's illegal to ask about her about it.

You're in the Clear

In some cases, there's a way to determine certain information without asking an illegal question. Re-frame the question into one that is open-ended. For example, if you have concerns that an older employee might retire imminently, ask the candidate about their long-term career goals. If you're concerned family status might stop a parent from traveling or working overtime, don't ask about the children -- instead, ask if the job candidate foresees any issues with weekend overtime work or last-minute work travel.

However, remember that certain queries are illegal for a good reason -- they have no bearing on a candidate's ability. Consider that before you try to figure out how to legally ask a question that's typically not allowed. When the intended goal is truly to determine if an applicant is a good fit for the job, it's simpler to rephrase questions in a safe and legal manner.

Freelance writer and editor Kelsey Castle has a journalism degree from a Big 10 university. She enjoys writing about health, business, and culinary topics.