GUEST COMMENT: Questions you should never be asked at interview

You'd think a law firm would know better, but it was recently reported that the City law firm Eversheds had investigated one of its partners after he sent an e-mail to a colleague questioning the commitment of a female interviewee who had recently given birth.

His email stated: "This lady has recently had a child. Are there any guidelines on how we can ask questions properly designed to identify her commitment, hours she is prepared to do, how she will balance work and a child? His colleague reproached him, responding: "It is improper to seek information on a candidate's personal circumstances indirectly through investigations at her workplace."

Whilst the partner was later cleared of discrimination and the candidate later withdrew from the application process, had he continued with his line of questioning, the candidate may well have had a case for sex discrimination. The case serves as a warning to banks and other

employers that care needs to be taken to ensure that questions asked of prospective candidates are not discriminatory.

So which questions can legitimately be asked of you (and can you legitimately ask) - and which can't?

Questions related to sex discrimination and sexual orientation

Interviewers can't ask:

"So, are you married yet?" or anything related to your marital status.

"What are your plans for a family?" or anything else designed to elicit whether a woman has any intention of giving birth in future.

"Forgive me for asking, but are you gay?" or anything else designed to establish whether someone is heterosexual or not.

Interviewers can ask:

"Can you tell me if you have any responsibilities which are likely to interfere with your attendance at work?"

Questions related to racial discrmination:

Interviewers can't ask:

"Can you tell me where you were born, to which ethnic group you belong, what your native language is, which religion you follow?" or anything else designed to elicit your racial group or religious adherence.

Interviewers can ask:

"This role involves interaction with a lot of Punjabi speakers. How familiar are you with Pakistani culture, and how fluent is your spoken Punjabi?"

Questions related to age discrimination

Interviewers can't ask:

"Can you tell me your age, or date of birth?"

"Can you tell me when you graduated?

"How many years do you expect to continue working for before your

retirement?

'How would you feel about working with someone a lot younger than

you?

Interviewers can ask:

"Legally, we need someone aged over 21 for this job. Can you confirm you

meet the minimum age requirement?"

"You've been in this industry for sometime - how many years' experience

do you have in total? - as long as it's relevant to the required skills for the job.

Questions related to disability discrimination

Interviewers can't ask:

"Do you have a disability?"

"Would your disability affect your ability to do this job?"

Interviewers can ask:

"When did you last visit your doctor, and what was the reason?"

And bear in mind that if you withhold information that could have a direct bearing on

your ability to perform a job, this is legitimate grounds for an employer to later dismiss you.

Questions related to criminal convictions

Usually, interviewers can't ask:

"Do you have any spent criminal convictions" (criminal convictions are

usually spent after five years).

However, an exception is made for senior roles in the financial services

sector, where all convictions - spent or not - must be disclosed.

Feel free to contact Philip on pl@lzwlaw.co.uk or 020 7357 9494 for a free consultation on this or any other employment law issue.