Helpful Tips to Legally and Ethically Conduct Interviews

To make it easy for you, we have made a quick list of some of the questions you can and can't ask. While there is some variance depending upon your state, it is better not to ask questions that are banned in some states if the legalities change. The best way to interview a candidate is to choose the most ethical and legal method, no matter what state you are in.

What Hiring Managers Can’t Ask About

Here are some of the questions and topics you shouldn’t discuss in an interview and why you shouldn't discuss them. While it might seem difficult at first because it differs from how you were interviewed and hired, you will quickly see that avoiding these questions will help you remain unbiased in your search for the perfect candidate.

• Compensation History

This is a big one. Asking about compensation history has been banned in many states across the country. Depending on the laws in your area, your company may face a lawsuit for asking such a question. While you may wonder how your company is supposed to decide on compensation without asking this question, you should wonder why it would ever be the candidate’s job to determine what you are able and willing to pay.

Before you begin interviewing for a candidate, you should determine a salary and benefits budget ahead of time. It should be based on your means and the industry standard for your geographic area. When candidates make their salary, you can always attempt to negotiate it to a lower amount.

This keeps it fair for every candidate and allows you to have control over what your spending budget will be. If, for instance, candidates have moved or received further education, their salary history may not apply to the role they are interviewing for.

• Family

Hiring managers may be biased not to hire a woman if she has children or a spouse, whereas they are more likely to hire a man who does. The bias here is why many states have made this question illegal and why you should never ask it. Their family life doesn't apply to their work.

• Disability

You can ask if your candidate has a recognized disability for diversity and inclusion purposes, but you cannot ask what that disability is unless they volunteer that information.

• Why They Left Their Last Job

You cannot ask about termination from a previous employer in many states. Contacting a former employer and learning this information is also illegal, so you should avoid doing this. However, you can call a previous employer and confirm employment.

What Hiring Managers Can Ask About

• If They Can Work In The United States or Need Sponsoring. 

• When They Graduated From School

• References

• If They Are Willing And Able To Travel

       You can ask if a candidate is willing and able to travel. Make sure to specify foreign or domestic. You cannot ask more specific questions in many states, such as what type of passport they have -- so avoid further questioning.

• Non-Competes

You can ask candidates if they have any non-competes or have worked for the government. It would help if you did not ask about the details of this, as that can put the candidate in an uncomfortable position. However, knowing whether you and your company can be sued is essential.
Unfortunately, many candidates have worked at companies that will still sue even if the non-disclosure is not enforceable or did not apply. Suppose you work in an industry where technical acumen or intellectual property is a large part of a company’s advantage. In that case, this is a liability you will, unfortunately, need to be prepared for. These issues are usually settled out of court.