If you have to interview candidates for employment, you need to be very careful about the kinds of questions you ask a prospective employee. Many questions could get you or the institution into trouble. And remember that many lawsuits don’t actually originate in the interview room — they often start in “friendly” conversations between the interview room and the parking lot. That’s where these “accidents” so often happen.

So we all know that you shouldn’t be asking candidates about their race, gender, religion, marital status, age, disabilities, ethnic background, country of origin, sexual preferences, or age. And most people won’t ask about these things directly. Rather, they stumble upon them. Here are a few examples:

  • The candidate has an accent. You find it perfectly charming, and you’re almost sure that the candidate is Italian. Besides, his first name is Luigi. It’s quite exciting to speak to an Italian because you’ve just returned from a vacation of a lifetime in Italy. Your curiosity is aroused, and you ask the candidate if he’s from Italy.
  • You have ended the interview, and one of your colleagues asks how your children are. You answer, but you instinctively don’t want to leave the candidate out of the conversation. You ask the candidate whether she has children too.
  • The candidate tells you that she speaks Spanish fluently. You’re impressed and wonder how the candidate achieved that level of proficiency. You ask where she learned her Spanish.
  • The candidate tells you she lives in a part of town where you’d love to live, but it’s rather expensive. You’re curious and you ask whether she bought her house before the market went crazy. You should never ask a candidate whether she owns her home or not!
  • The candidate describes his family life and activities with his children. He talks about how they like to take vacations together, and how they are planning a trip to Orlando in the summer. “But this time, it’ll be just me and the kids,” he says. “Can’t your wife go?” you ask. This is, of course, doubly illegal. You’re not only asking about marital status, but you’re also implicitly asking about the candidate’s sexual orientation.
  • You’re pretty sure that you recognize the candidate from somewhere, but you’re not sure where. Then the candidate tells you that she lives in the same neighborhood as you. The puzzle is complete. You’re almost sure you saw her in church last Sunday, and you ask her whether she goes to your church.
  • The candidate says she went to the same high school as your husband. You wonder whether she knows him, and you ask when she was there. You have now implicitly asked the candidate how old she is!

These kinds of questions seem at first to be so innocent and so friendly, but they’re exactly the kinds of things that can get you into very serious trouble. Just remember to be very focused and make sure that your questions are all about the candidate’s ability to do the job and only that!

You can make friends after the person comes on board!