The Questions to Avoid

Let’s start with some of the common questions that can cause problems:

1. “Do you have any disabilities or health conditions?”
   Even if you’re asking out of concern or curiosity, this question is off-limits. Instead, ask: “Are you able to perform the essential functions of this job, with or without reasonable accommodation?” That keeps the focus where it belongs – on the job.
2. “That’s an interesting name – where’s it from?”
   This may sound like small talk, but it can be perceived as digging for racial or ethnic background, which is a no-go. Stick to the candidate’s skills and experience.
3. “How long is your commute?”
   While you might be trying to assess punctuality, this question can easily edge into socioeconomic or disability-related territory. A better approach: “This role requires in-person attendance by 9 a.m. each day. Will you be able to meet that requirement?”
4. “Are you OK working late – even with family obligations?”
   Mentioning family or caregiving can quickly lead to discrimination issues, especially around gender or marital status. Just say: “This role may require occasional late hours. Are you available to work late when needed?”
5. “Have you ever been arrested?”
   In many states, this is illegal. Arrests aren’t convictions, and in most hiring contexts, you should only ask about convictions that directly relate to the job – and only at the right stage in the process.
6. “Do you have bad credit?”
   Unless the job involves financial responsibilities, asking about credit is irrelevant – and sometimes illegal. If a credit check is truly necessary, you’ll need written consent and a clear explanation of how the information will be used.
7. “Why were you out of work for so long?”
   This can prompt someone to disclose sensitive information. Instead, try: “I noticed a gap in your employment history – can you tell me more about what you were doing during that time?”