There are a number of question types that employers are simply not allowed to ask in a job interview, and the healthcare industry is no exception. In fact, questions that relate to the protected classes of race, gender, nationality, religion, military status, and age are actually prohibited by law. Since many more questions touch on these protected classes than you might think, here is a deeper look at the types of questions that you as an employer cannot ask in a job interview.
Race related questions
Questions like “What is your race?” and “What is your nationality?” are, of course, prohibited as well. And believe it or not, it is also unlawful to ask whether or not a job candidate is a U.S. citizen. If you need to determine whether or not the candidate has legal authority to work in the United States, you should instead ask, “Are you authorized to work in the United States?”
Gender related questions
Gender related questions extend far beyond the simple question of “Are you male or female?” Any question that is founded on gender stereotypes, such as “Who is going to take care to the kids?” or “Will you be able to commit to full-time work while having three children?” Is off the table. Other prohibited gender related questions include “Are you planning to become pregnant?”, “Do you have any children?”, and “Do you prefer to be called by Ms., Mrs., or Miss?” If you need to determine whether a candidate has responsibilities that could prevent him or her from remaining committed to work, you may instead ask, “Do you have any responsibilities that could keep you from adhering to this work schedule?”
Marital status questions
Similarly, questions regarding marital status are prohibited as well. Under the Civil Rights Act, it is unlawful to ask whether a job candidate is married or in a committed relationship in a job interview. This applies to questions regarding living situation and sexual orientation as well. Of course, employers in the healthcare industry, particularly those involved in locum tenens staffing, may want to know whether or not a candidate is prepared to relocate or travel for work—something that could interfere with family life. In this case, you should simply ask “Are you prepared to travel or relocate for this position?”
Socioeconomic status questions
Questions related to socioeconomic status are prohibited as well, and this includes questions like “Do you belong to the country club near your home?” and “What type of car do you drive?”
Health status questions
It is illegal to ask any questions regarding a candidate’s physical disabilities or health status. If you need to determine whether a candidate has the physical and mental capacity to handle the work required by the position—something that is especially relevant in the fast-paced healthcare industry—you should instead ask something like “Can you perform the required duties of the position with or without reasonable accommodation?”