"One of the most important decisions you will make for your business is a hiring decision."
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Conducting Job Interviews
Find out if job applicants are qualified -- but don't ask questions that could get you into legal trouble.
The spontaneous and unpredictable nature of the job interview can create hidden traps for the unwary employer. Things that you say with the most innocent intent can be misconstrued as prejudicial -- or used later as fodder for a lawsuit.
For example, a casual discussion about a female applicant's upcoming marriage could lead you to ask whether she plans to have children -- which could lead the applicant to believe that you discriminated against her based on gender if she doesn't get the job.
Some examples of legal and illegal questions
Subject
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Lawful
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Unlawful Inquiry
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Age
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Are you 18 years of age or older? (to determine if the applicant is legally old enough to perform the job)
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How old are you?
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Citizenship
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Are you legally authorized to work in the United States on a full-time basis?
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Are you a native-born citizen of the United States? Where are you from?
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Disability
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These [provide applicant with list of job functions] are the essential functions of the job. How would you perform them?
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Do you have any physical disabilities that would prevent you from doing this job?
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Drug and alcohol use
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Do you currently use illegal drugs?
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Have you ever been addicted to drugs?
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