Just asking one “off-limits” question can spark a discrimination claim against you. And if you have a manager or supervisor performing this task who does not know how to navigate this mine field, your company can be sued.

Too often, in a hurry to fill a truck seat or a dispatcher’s desk, we shoot our questions from the hip - particularly when the person we are interviewing is someone with whom we “click,” and we let down our guard. You need an extensive list of great questions to keep you on target and we urge you to use them! This will help you make certain that every question you ask a job applicant is a quest for job-related information. That is, “How is the applicant qualified to perform this job?”

State and federal laws prohibit our discriminating against an applicant based upon the applicant’s race, color, national origin, religion, sex, age or disability. In some states you cannot discriminate on marital or sexual orientation bases. So, if you ask questions about these issues, you are breaking the law. Plain and simple.

Here are some specific questions that you must NOT ASK!

1 Are you married, single, or divorced?

2 Do you plan to get married?

3 Do you have children?

a. How many?

b. How old?

c. What are your child care arrangements?

d. Do you intend to have (more) children?

4 If you are single, are you living with someone?

5 Do you own or rent your home?

6 What church do you attend?

7 Do you belong to any social or political organizations?

8 Do you have debts?

9 Do you have insurance?

a. What kind?

b. How much?

Here are some NOT to ask a female applicant:

1 Do you think you can perform this job as well as a man?

2 Are you comfortable supervising men?

3 What would you do if your husband were transferred to another city or state?

Finally, questions like these could result in a lawsuit based upon the Americans with Disabilities Act (ADA):

1 How many days did you miss from work last year due to illness?

2 Have you ever been treated for drug addiction or alcoholism?

3 Have you had a recent major illness?

4 Have you ever been hospitalized?

Oh, and even if the job candidate reveals information that you are legally not allowed to ask, you are best not to pursue the topic further and change the subject. The “he/she brought it up” excuse will not save you in court!