august2022 - 21

THE STAFFING & HR ADVISOR
5 Interview Questions to Avoid
KNOWING WHAT QUESTIONS to ask and what questions to avoid is critical to conducting
an effective and compliant interview. Some questions are expressly prohibited by law
while others may directly or indirectly reveal an applicant is a member of a protected
group. Both types of questions should be avoided during interviews.
Here are five examples of interview
questions to avoid, along with
some suggested alternatives.
AVOID #1: HOW MUCH DID YOU
EARN IN YOUR PREVIOUS JOB?
Several states and local jurisdictions
have passed laws that restrict employers
from asking about an applicant's
pay history during the hiring process
and/or using pay history to make
employment decisions (under the
premise that pay history may reflect
discriminatory pay practices of a
previous employer). Check applicable
laws before asking these types of
questions.
Alternative: These laws generally
allow you to provide the candidate
with the starting salary (or salary
range) for the position and ask
whether it would be acceptable if the
candidate were offered the position.
You may also want to tell candidates
not to reveal what they earned in their
previous job when answering this or
similar types of interview questions.
Keep in mind some jurisdictions, such
as Connecticut, require employers
to disclose the salary range for the
position.
AVOID #2: ARE YOU VACCINATED
AGAINST COVID-19?
Some states have enacted laws that
restrict or prohibit employers from
requiring employees to be vaccinated
against COVID-19. For example,
Florida enacted legislation in 2021
that prohibits private employers from
imposing a COVID-19 vaccination
mandate without providing exemptions
for medical reasons (including
pregnancy and anticipated pregnancy),
religious reasons, COVID-19
immunity, periodic testing, and the
use of employer-provided personal
protective equipment (PPE). Many of
these laws, including Florida's, have
specific requirements for handling
exemption requests. Check your state
law for details.
In addition, asking applicants
about their vaccination status could
lead applicants to disclose protected
information about their medical or
disability status. Under federal law,
the Americans with Disabilities Act
(ADA) generally prohibits disabilityrelated
inquiries and medical exams
prior to a conditional offer of employment.
Once an employee begins work,
those inquiries must be job related
and consistent with business necessity.
As such, it is a best practice to
avoid questions about vaccination
status during job interviews.
Alternative: None. Where vaccination
requirements are allowed,
employers can wait until after they
have extended a conditional job offer
to confirm the individual's vaccination
status. Keep in mind that reasonable
accommodations may still be required
under federal and/or state laws.
AVOID #3: DO YOU SMOKE? DO
YOU DRINK ALCOHOL? ARE YOU
A MARIJUANA USER?
Several states prohibit discrimination
against individuals who use tobacco
products or engage in lawful activity
while off-duty. Some states also have
express employment protections
for individuals who use marijuana
while off-duty. Given these employment
protections, avoid questions
about whether an applicant smokes
or drinks. These questions may also
prompt the candidate to reveal the
existence of a disability.
Alternative: Regardless of the
state, employers have the right to
prohibit the use of, possession of, and
impairment by alcohol, marijuana,
and tobacco in the workplace, during
work hours, and on company property.
During the interview, you may communicate
your drug and alcohol policy
as long as you do so consistently for all
similarly situated applicants.
AVOID #4: DO YOU HAVE
RELIGIOUS OBLIGATIONS THAT
WOULD PREVENT YOU FROM
WORKING FRIDAY EVENINGS,
SATURDAYS OR SUNDAYS? DO
YOU WEAR THAT HEAD SCARF
FOR RELIGIOUS REASONS?
Employers are prohibited from
discriminating against individuals
on the basis of religion. This includes
religious beliefs (both traditional as
well as non-traditional) and religious
practices, such as attending religious
services, praying or wearing religious
attire. Generally, you should avoid
questions that elicit information about
religious beliefs and practices.
Alternative: If you want to confirm
an applicant is able to work the
hours required for the job, state the
regular days, hours or shifts for the
job, and ask whether the candidate
can work such a schedule. Keep in
mind you may be required to reasonably
accommodate an employee's
religious beliefs or practices, such as
allowing an employee to voluntarily
swap shifts with a co-worker in order
to attend religious services. Interviewers
should also be familiar with the
company's dress code (or any other
policy that might call for a religious
accommodation) and be ready to ask
applicants if they can comply, with or
without a reasonable accommodation.
This question can spark a discussion
over possible accommodations, if
applicable. If you do ask this question,
be consistent and ask it of all
applicants.
AVOID #5: HOW OLD ARE YOU?
WE WENT TO THE SAME HIGH
SCHOOL ... WHAT YEAR DID
YOU GRADUATE? DO YOU PLAN
TO RETIRE SOON?
Under federal law, employers are prohibited
from discriminating against
applicants and employees who are age
40 and older. Many states also prohibit
age discrimination, some protecting
even younger workers. The answers
to the questions above could elicit,
or could be used to estimate, the
applicant's age.
Alternative: If there are minimum
age requirements for a job to comply
with a law or for insurance purposes,
you may ask whether the applicant
meets those requirements.
CONCLUSION
Make sure your interview questions
are limited to inquiries that only
reveal lawful, job-related information.
■
From the ADP Spark Blog. Used with permission.
AUGUST
2022 ■ www.CPAPracticeAdvisor.com
21
http://www.CPAPracticeAdvisor.com
august2022

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