Legal Questions to Ask when Recruiting

Recruiters and employers must be cautious when developing interview questions. It is important to train hiring managers and recruiting staff of legal updates, compliant interview questions, as well as avoiding potentially discriminatory questions.

Beginning January 1, 2018, it is not legal to ask a candidate about their salary history. Employers must also provide a pay scale to those asking for it if reasonable.

The candidate may choose to voluntarily disclose their current or prior salary, and employers should record that they did so. We also have strategies to ensure that you offer a salary that is fair and appropriate for the role in which you are hiring.

There are several questions you should always avoid such as  questions about pregnancy or having or wanting to have children, and questions related to age such as year of graduation.

If employers want to evaluate if a candidate can commit to the position an appropriate question would be “can you work overtime if necessary?” or “are you willing to travel?” These questions can gauge if a candidate is willing to work past the 8-hour workday.

Asking appropriate interview questions can be tricky. If you would like assistance drafting interview guides for your recruiters or managers please feel free to contact JH Consulting.