By Sarah Peterson, PHRca, SHRM-SCP
No employer would argue that interviewing is a critical step in the hiring process and the consequences of hiring the wrong person can have a lasting and costly impact. It’s for this reason that many employers ask questions in interviews aimed at reducing uncertainty, avoiding turnover, and revealing exactly what kind of employee their candidate will be. Unfortunately, when the goal becomes avoiding a potential problem over finding a qualified candidate, the chances of conducting a risky (and costly) interview increase.
When interviews are not carefully structured and conducted by trained staff, organizations risk losing top talent and creating legal exposure, specifically when inappropriate or discriminatory questions are asked. It is important to train all hiring managers in what can and cannot be considered when making hiring decisions as well as what types of questions should be avoided to reduce the risk of discriminatory hiring practices.
There is a broad list of protected characteristics under the California Fair Employment and Housing Act (FEHA) which all individuals are associated with, and which cannot be used as the basis for employment-related decisions. This list includes, but is not limited to well-known characteristics such as age, race and gender as well as lesser-known characteristics like national origin, genetic information and off-duty cannabis use.
Employers can help ensure that their hiring managers are set up to conduct an effective and compliant interview by providing a list of approved questions to follow. This will help promote consistency in their hiring practices as well as reduce the likelihood of inappropriate or off-topic questions. The list of questions should focus on job-related topics and directly connect to the responsibilities of the position and assess the candidate’s ability to perform the essential functions of the job.
Let’s look at common questions that can lead to trouble and what to ask instead:
|
Topic |
Risky Question |
Safer Alternative |
|
Building Rapport |
Tell me about yourself? |
What drew your attention to this role? |
|
Assessing Flexibility/Availability |
Do you have someone to help with childcare if you’re scheduled to work late? |
This position occasionally requires evening work. Are you able to meet that schedule? |
|
Predicting Longevity |
How long do you plan to work before retiring? |
What are your professional goals? |
|
Determining Culture Fit |
Do you get along better with men or women? |
How do you like to collaborate with your teammates? |
|
Financial Considerations |
What did you make at your last job? |
What are your salary expectations for this role? |
By focusing on job-relevant questions, training interviewers, and avoiding topics tied to protected characteristics, employers can run interviews that are both effective and compliant. A structured, thoughtful approach not only reduces legal risk but also helps attract and retain top talent. Ultimately, a well-designed interview process sets your organization up for success—ensuring you hire the right people while demonstrating fairness, professionalism, and respect at every step.
Please reach out to your Silvers HR Consultant if you have any questions.