What Interview Questions Can I And Can't I Ask?

Dear Recruiter,

When I interview candidates I understand there are questions I am not allowed to ask?  What are some of those and how do I find out the information I need in order to make a hiring decision on a candidate?

​That is a great question!  HR Laws are constantly changing to prevent discrimination for job applicants. However the key is to have the questions that can be equally asked to every person applying that won't show bias. Here are some of the common ones that are absolute "NO NO" to ask and can be deemed discrimination:

1. Are you a U.S. Citizen OR do you need a work Visa?
2. How much money do you make now or what is your current salary?
3. Do you have a disability or have you ever filed a worker's compensation case?
4. Are you pregnant or trying to have a family?
5. Do you have Children?

The key to any question asked by an employer for a job interview is making sure it doesn't single out anyone and is asked equally without judgement to any person applying.  Now lets look at the legal and fair way to ask the questions above without discrimination.

1. Can you provide documented proof for the I9 Form that you are legally authorized to work in the U.S.?  Whether you are a U.S. Citizen or not every person working in the U.S. must show proof laid out by the Government in the I9 Form that they are eligible to work in the U.S..
2. What is your desired salary to take this job?  This way a person can't be discriminated by a company from getting an offer just because they earn a certain salary.  The company can share their budget and if you choose to answer yes I want to earn this much but this role has circumstances where I can compromise for a better situation.  The employer now doesn't have prior salary information to discriminate against.
3. Describe the job duties and then ask is there anything that would keep you from performing all of these duties?  As long as the duties are not illegal or considered immoral the company has a right to not offer the job to someone who won't or can't do the job for whatever reason.
4. Do you have any extended leave planned?  Again this question shows no biased against anyone as there are many reasons a person has extended leave planned.
5. Is there anything preventing you from working the required core business hours of the position?  Again the question shows no bias towards any person in particular, the employers has a right to expect everyone equally to work the required hours.

Of course there are many more illegal questions that can't be asked but these are the most common that come up and Hiring Managers struggle with.