In our constantly shifting business landscape, the art of conducting a job interview has taken on new shades of complexity. A study by Resume Builder, which involved a survey of 1,000 hiring managers, revealed that a staggering 32% admitted to knowingly asking illegal questions. This data, initially reported by The Business Journals, highlights the perils that both businesses and prospective employees face in the post-pandemic job market.
Interviewers are increasingly treading on thin ice with questions delving into family status, pregnancy, age, and previous salaries—topics with significant potential for consequent legal backlash. Julia Toothacre of Resume Builder suggests that the intent behind these questions isn't always malicious, but often due to a lack of understanding of the patchwork of state laws governing what can be asked regarding, for example, salary history. "A question that may be legal in one state is illegal in another," Toothacre told The Business Journals.
It seems this violation is not restricted by the interviewer's gender either. In a separate study highlighted by Fast Company, it’s reported that men are explicit offenders with 38% admitting to the practice, compared to 23% from their female counterparts. Time and again, the line between appropriate interview inquiry and digging into protected personal territory becomes blurred, with many candidates not even recognizing the illegality of such questions.
Employment attorney Chambered Benton-Hayes echoes these concerns. "Unfortunately, illegal questions are asked during interviews more often than they should be," Benton-Hayes stated during an interview with The Business Journals. Companies are strongly encouraged to train their hiring managers to stay within legal bounds to avoid unnecessary risks. However, as Benton-Hayes stressed, the onus is not solely on the organizations; applicants are advised to be vigilant and consult legal counsel if they reckon they have faced illegal probing.
But it's not just the overtly illegal queries getting companies in hot water. Criteria's co-founder and CEO, Josh Millet, underlines the issue of unstructured interviewing, noting that it not only leads to illegal questions but also brings extraneous or just plain silly ones into the mix—which can certainly deter potential candidates. Millet advocates for a methodical approach to interviews, urging employers to systemize the process and grade applicants objectively to foster fairness and legal safety. "Structured interviewing... gives you a level of legal defensibility because you are doing something in a structured way," Millet told The Business Journals.
As the hiring process evolves, it is crucial for employers, interviewers, and job seekers to stay informed about the legalities of interview questions. This awareness helps protect individual rights and shields companies from potential legal consequences. With this in mind, anyone entering the job market in 2025 should not only prepare for the usual challenges of interviews but also for the legal complexities that increasingly accompany them.
