Interview Questions You Should Never Ask, and What to Ask Instead

Avoid Legal Risk, Protect Your Brand, and Hire the Right People with Confidence

Hiring the right candidate is critical, but asking the wrong interview questions can lead to serious legal trouble and damage your employer brand. Many small business owners and hiring managers don’t realize that certain questions are not just inappropriate, they’re illegal.

At Strategic HR Advisory, we help growing companies stay compliant, professional, and competitive during the hiring process. If you're doing your own interviews, here's what you need to know, and how we can help.

Risky Questions You Should Never Ask in an Interview

Even casual or well-meaning questions can cross legal lines. The following are examples of questions that should be avoided in interviews:

1. “Do you have kids?” or “Do you have childcare?”
This question may seem harmless, but it can be seen as discriminatory based on family status or gender.

Instead, ask:
“Are you able to meet the attendance and scheduling requirements of the position?”

2. “Where are you from originally?”
Questions about national origin or ethnicity are prohibited by the EEOC.

Instead, ask:
“Are you authorized to work in the United States?”

3. “How old are you?” or “When did you graduate?”
These questions can suggest age discrimination.

Instead, ask:
“This role requires a minimum of 5 years of experience in [specific area]. Can you tell me about your relevant background?”

4. “Do you have any medical conditions?” or “Have you ever been sick for an extended period?”
Health-related questions are off-limits before a job offer has been made.

Instead, ask:
“This role may require lifting up to 25 pounds or standing for long periods. Are you able to meet these physical requirements with or without accommodation?”

5. “What religion do you practice?” or “Do you need time off for religious holidays?”
Religious affiliation is private and protected.

Instead, ask:
“Our standard schedule is Monday to Friday, 9 to 5. Are you able to work those hours?”

6. “Have you ever been arrested?”
An arrest is not the same as a conviction, and asking about it may violate Fair Chance Hiring laws, depending on your location.

Instead, inform them:
“This role requires a criminal background check after an offer is accepted.”

Why This Matters

Asking the wrong interview questions is not just a technical misstep. It is a serious liability that can harm your business in several ways.

Legal Consequences
Even a single poorly phrased question can result in a discrimination claim. Violations of employment law, whether intentional or not, may lead to costly settlements, government audits, or lawsuits.

Reputation Risk
Candidates share their experiences. A negative interview can damage your reputation on platforms like Glassdoor or LinkedIn, discouraging qualified candidates from applying in the future.

Hiring the Wrong People
When interviews shift into personal or irrelevant topics, it becomes harder to assess whether a candidate can actually do the job. This can lead to missed opportunities or hiring someone who is not a good fit.

Unconscious Bias
Improper or inconsistent interview questions often reflect hidden bias. Without a structured and compliant approach, hiring decisions may be influenced by assumptions rather than qualifications, resulting in less diverse and less effective teams.

Don’t Go It Alone: Let Us Handle the Recruitment Process for You

Interviewing isn't just about finding the right fit—it's about protecting your business from risk and creating a positive candidate experience. At Strategic HR Advisory, we offer recruitment process outsourcing (RPO) and interview support to help you:

• Attract and screen qualified candidates

• Conduct legally compliant, bias-free interviews

• Create structured, job-relevant questions

• Document interviews for consistency and fairness

• Make confident, informed hiring decisions

Whether you're hiring your first employee or expanding a growing team, SHRA ensures your recruiting process is professional, compliant, and effective from start to finish.

Need Help Hiring? Let’s Talk.
Contact Strategic HR Advisory today to learn how our recruiting services can help you build a high-performing team—without the headaches or legal risks.