Types of Illegal Interview Questions in Healthcare to Avoid

The interview is a critical step in the hiring process, especially in healthcare settings. While leaders are assessing a candidate’s fit for the role, candidates are also evaluating whether a facility provides a safe, inclusive, and professional environment. This is why asking illegal interview questions can be one of the fastest ways to deter qualified candidates — even exposing a facility to serious legal liability.

As a facility leader who’s likely trying to attract top talent, it’s important to avoid asking questions that are inappropriate or discriminatory. In this article, we’ll outline different types of illegal job interview questions and tips for fostering a more inclusive interview process.

What Questions Are Illegal to Ask in an Interview With Healthcare Providers?

According to the Equal Employment Opportunity Commission (EEOC), illegal interview questions discriminate against candidates based on personal characteristics that are irrelevant to job performance. Below, we’ll discuss some of these characteristics and provide more specific examples of questions to avoid in healthcare specifically.

1. Provider’s Race, Nationality, or Origin

As a facility leader, you likely want to hire healthcare providers who understand how to deliver culturally competent care. However, you should never ask candidates about their own race, ethnicity, or nationality, as this can lead to discriminatory hiring practices. Avoid questions that imply a candidate’s origin, especially when asking about language skills.

Examples of inappropriate questions:

• Where are you originally from and how does that impact your approach to care?
• What’s your ethnicity and how will you bring diversity to the floor?
• Many of our patients speak Spanish. Are you a native Spanish speaker?

What to ask instead: Can you tell me more about your language skills and how they’ve helped you deliver patient-centered care?

2. Provider’s Gender

Gender-based discrimination is prohibited by Title VII of the Civil Rights Act. When asking a provider about their preferences or fit for a role, avoid illegal interview questions that make assumptions based on their sex or gender identity.

Examples of inappropriate questions:

• How do you feel about being the only male nurse on the floor?
• Do you think being a woman makes you a better pediatric nurse?
• As a male provider, are you comfortable with women’s health procedures?

What to ask instead: How do you respect a patient’s personal preferences when delivering care?

3. Provider’s Age

The Age Discrimination Employment Act (ADEA) protects individuals who are 40 years of age or older from age-based discrimination. This type of discrimination can occur when employers make assumptions about a candidate’s physical abilities or retirement plans. Focus on asking providers about their experience and qualifications, rather than crafting illegal interview questions based on their age.

Examples of inappropriate questions:

• Does your age impact your ability to work night shifts?
• What year did you graduate from high school?
• Are you getting close to retirement age?

What to ask instead: What motivates you to continue practicing as a healthcare provider?

4. Provider’s Caregiving/Family Status Outside of the Hospital

Questions about a candidate’s marital status, children, or caregiving obligations are illegal because they can lead to gender-based discrimination. While healthcare often requires irregular and demanding hours, it’s important to focus on a candidate’s general ability to meet these requirements instead of pinpointing their personal circumstances.

Examples of inappropriate questions:

• Who will care for your child when you’re on call at the hospital?
• Will being pregnant limit your ability to deliver bedside care?
• Are you planning to get married soon?

What to ask instead: How do you maintain high quality care during long and busy shifts?

5. Provider’s Disabilities

The Americans with Disabilities Act (ADA) prohibits healthcare employers from asking candidates about their physical or mental health. During an interview, focus on how a provider’s skills align with the role. Any necessary reasonable accommodations can be discussed if initiated by the provider requesting them, and always in a strictly confidential manner.

Examples of inappropriate questions:

• Do you have any medical conditions that make it difficult to lift patients?
• Do you have physical limitations that could slow you down during patient emergencies?
• Have you ever been diagnosed with a mental health condition that impacts your care delivery?

What to ask instead: How do you manage the physical and emotional stressors of working in healthcare?

6. Provider’s Religious Preferences

While it’s important to hire candidates who can meet your facility’s scheduling requirements, asking about religious practices in particular is illegal. Stick to discussing a candidate’s skills and general scheduling flexibility and expectations, if necessary for the role.

Examples of inappropriate questions:

• Are you able to cover shifts during religious holidays like Ramadan?
• Do your religious beliefs require you to take more frequent breaks during your shift?
• Does your religion prevent you from working weekend shifts?

What to ask instead: Are you comfortable working occasional weekends if needed?

7. State-Specific Prohibited Interview Questions

In addition to federal regulations, many states and some local jurisdictions have their own laws specifying additional illegal interview questions. We’ve provided a few examples of questions that are prohibited in certain states below. However, make sure to familiarize yourself with your state’s employment laws to ensure full compliance.

Examples of inappropriate questions:

• What was your hourly wage in your last nursing position?
• Do you have any criminal convictions that limit your ability to see patients?
• Would you provide your social media login information if we needed to investigate your online activity?

What to ask instead: What are some examples of things that give you satisfaction in a job?

Other Types of Unhelpful Interview Questions

Besides asking, What are illegal questions to ask in an interview? you may be wondering what other types of questions may come off as inappropriate. Here are a few more types of questions that aren’t necessarily illegal, but are unhelpful or can make candidates feel uncomfortable.

1. Leading Questions

Leading questions are ones that steer candidates toward specific responses. Avoid wording questions in a way that implies how a candidate should feel or think. Instead, follow best practices for healthcare interviewing by asking open-ended questions. This will help you get more honest and comprehensive answers.

Example questions to avoid:

• Since you’ve worked in critical care, wouldn’t you find med-surg boring?
• Don’t you think patient safety should be a nurse’s number one priority?

What to ask instead: What are your top priorities when delivering patient care?

2. Questions Misaligned With a Candidate’s Background

It’s crucial to review each candidate’s resume and cover letter prior to interviewing them. Otherwise, you may end up asking questions that don’t make sense in context to their background — which can lead to an off-putting interview experience.

Example questions to avoid:

• Do you have professional experience working in pediatrics? (When resume only lists adult ICU experience)
• Do you have experience in unit management? (When candidate is a new grad nurse)

What to ask instead: How have your past experiences prepared you to work in healthcare?

3. Gimmicky, Hypothetical Questions

Sometimes, candidates get asked gimmicky questions that evaluate “creativity” and have little relevance to healthcare skills. These questions can come off as unprofessional, also making candidates feel confused or uncomfortable.

Example questions to avoid:

• If you could bring one extinct animal back to life, which one would you pick?
• If you were a fruit, what type of fruit would you be and why?

What to ask instead: What would you do if a patient was struggling to adhere to treatment?

Take the Next Step and Connect With Top Applicants Today

Knowing the difference between legal vs. illegal interview questions is crucial for attracting the best talent and maintaining compliance. Ready to start meeting with top applicants? Learn how IntelyCare can connect you with a nationwide network of healthcare professionals.

Legal Disclaimer: This article contains general legal information, but it is not intended to constitute professional legal advice for any particular situation and should not be relied on as professional legal advice. Any references to the law may not be current, as laws regularly change through updates in legislation, regulation, and case law at the federal and state level. Nothing in this article should be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed to practice in your jurisdiction.