HomeHome SearchSearch MenuMenu Our productsOur products

Warning: You could face a claim of discrimination if you ask these three questions during an interview

by , 03 October 2014
You're mistaken if you think you can ask a potential candidate anything you want to.

He could take you to the Labour Court if you ask a question that he feels unfairly discriminates against him and you could end up paying thousands in compensation.

Can you imagine paying thousands to someone who wasn't even your employee?

Don't take chances.

Keep reading to discover three questions you can't ask in an interview so you can avoid unfair discrimination claims.

Three questions you can't ask in an interview

Question #1: Are you disabled?
You can't ask questions during job interviews that elicit information about a disability, unless of course, not having any disability is an inherent requirement of the job.

*********** Hot off the press ************
Increase the effective recruiting of employees by 97%!

80% of South African companies have proved interview tests play a very important role in choosing the right employee for the right job.
So how do you know if the jobseeker is the perfect candidate for the job?

Click here to find out how you can increase the effective selection of employees by 97%!


Question #2: Are you pregnant or planning to get pregnant?
As a general rule, you shouldn't ask questions about pregnancy, sex or family status during the interview.
In addition, don't limit specific questions to male or female candidates only.
For example, it's okay to ask candidates if they're willing to travel for work, but it's not okay to put that question to female applicants only.
But you can ask: Do you anticipate any absences from work on a regular basis? Do you have any responsibilities or commitments that will prevent you from meeting specified work schedules?
Question #3: What are your religious beliefs?
Experts at the Labour & HR Club say, a person's religious beliefs shouldn't influence your decision to employ. Any question about religion will assume that the candidate should have religious beliefs and this will unfairly disadvantage an employee that feels religion isn't an important factor.
If the question asks for information that is inherently important to the job, then it is okay to ask the question. For example, you may safely ask a potential minister, priest, imam or rabbi what their religious beliefs are and be sure that your question is within the bounds of the law, say the experts.
Asking these three questions could result in an unfair discrimination claim, so stay away from them.
For more questions you shouldn't ask, check out the Labour Law for Managers Loose Leaf Service.

Related articles

Related articles

Related Products


Recommended for You 

  Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance

Here are all the most interesting, thought-provoking and common tax questions
asked by our subscribers over the last tax year – everything from A to Z!

To download Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance click here now >>>
  Employees always sick? How to stop it today

Make sure you develop a leave policy to regulate sick leave in your company.

BONUS! You'll find an example of the leave policy and procedure in this report.

To download Employees always sick? How to stop it today click here now >>>
  Absenteeism: Little known ways to reduce absenteeism

This FREE e-report will tell you how you can reduce absenteeism in your workplace while avoiding the CCMA and without infringing your employees' labour rights.

To download Absenteeism: Little known ways to reduce absenteeism click here now >>>
  7 Health & safety strategies to save you thousands

Don't let a health and safety incident cost you one more cent. Implement these seven
strategies in your company today.

To download 7 Health & safety strategies to save you thousands click here now >>>