Questions Employers Should Never Ask During a Job Interview

When searching for the perfect employee for your small business, an interview is a key step in the process. But before you sit down with that seemingly ideal job candidate, keep in mind that there are legal limitations on what you can and can't ask during an interview. Asking the wrong questions could open your business up to an employment discrimination lawsuit. Here are the topics you need to avoid:

Age: Perhaps the job you're offering may require a specific age group to be the face of the business to your customers. Or maybe you simply think a certain age group would fit in better at your workplace. That doesn't matter -- under no circumstances can you ask, "How old are you?" According to the Age Discrimination Employment Act, the only circumstance in which that question is allowed is if the job requires the employee to be over the age of 18, or in the case of serving alcohol, over the age of 21.

Citizenship: Despite laws passed in some states that restrict businesses from knowingly hiring illegal immigrants, you cannot ask the interviewee if they are a legal United States citizen, according to the Immigration Reform and Control Act. You can, however, ask if the person is "authorized" to work in the U.S. After the person is hired, you can have them fill out an employment eligibility verification (I-9) document.

Marital status: Asking whether a job applicant is married, divorced, single, or separated, or anything about their marital status, is illegal. You also cannot ask if a job candidate is pregnant or planning to have children. If you are trying to find out their time availability, you can ask if working overtime or traveling frequently will be a problem.

Disabilities: Under the Americans with Disabilities Act of 1990, employers are prohibited from refusing any job applicant a position because of mental or physical disabilities. Disabilities may not always be apparent in an interview, but you cannot ask if they exist. You can, however, ask if the person is able to perform specific job duties or whether they have performed these job duties in the past, and if so, how successfully.

Health concerns: You cannot ask about a person's personal health status, nor can you discriminate against a job candidate based on health issues such as weight or addictions, including addictions to drugs, nicotine, or alcohol.

Religious affiliation: Religious beliefs are protected by the First Amendment and are off limits in the interview process. If you're concerned about whether or not the candidate can work the required schedule (such as working on Saturdays or Sundays), you can ask whether the person would have a problem working those hours. However, keep in mind that employers are required to accommodate an employee's religious beliefs by providing flexible scheduling for religious holidays and accommodating dress codes required by one's religion.

Race: Title VII of the Civil Rights Act of 1964 prohibits any discrimination based on race, color, religion, sex, or national origin. Avoid any questions that could be perceived as related to these issues.