Ask This, Not That – Legal vs. Illegal Interview Questions

When interviewing candidates for your farm or agriculture business, the goal is to better understand a candidate’s personality, experience, skills, and overall fit for both the job and your organization. Understandably, during an interview, you as an employer want to learn as much as you can about a candidate. However, while trying to discover this information, you may find yourself unintentionally asking illegal questions that can put your ag business at legal risk. Many of these questions pertain to age, family, marital status, health, and religion.  

Let’s discover some alternative ways to ask those common interview questions while keeping your farm or ag organization legal and compliant. 

Age

Illegal: 

• How old are you? 
• When did you graduate high school? 
• When do you plan to retire? 

Legal: 

• Are you at least 18 years of age? (For positions that have this age requirement) 
• What are your long-term career goals? 

After hiring the candidate, you can verify any age requirements with a birth certificate or other form of ID. 

Family & Marital Status 

Illegal: 

• Do you have children?  
• Do you have childcare coverage? 
• Are you married? 
• Is your spouse employed? 
• Will your spouse be okay with the role’s required travel? 

Legal: 

• Our work hours are 9-5pm, Monday through Friday. Is there anything that would prevent you from working this schedule on a consistent basis? 
• Are you comfortable with the amount of overnight travel the role requires? 
• Are you able to work overtime during peak seasons? 

Disabilities and Medical 

Illegal: 

• Do you have any physical or mental health concerns/illnesses?  
• Have you ever taken any medical leave? 
• Do you have any disabilities? 
• Are you pregnant or plan to be? 
• Do you take any prescription drugs? 

Legal: 

• The position requires you to lift up to 50lbs and be on your feet for 8 hours a day. Do you feel you would be able to perform the essential functions of this job? 
• Would you be able to perform the duties of this job with or without reasonable accommodation?

Citizenship 

Illegal: 

• Are you a U.S. Citizen? 
• Are you/your parents/your spouse a native-born US citizen?

• Are you authorized to be employed and work in the United States? 
• Do you have the legal right to remain permanently in the US? 
• Are you able to provide proof of employment eligibility upon hire? 

National Origin  

Illegal:  

• Where were you born? 
• Where are your parents from? 
• What is your nationality? 
• What is your heritage?
  
  Legal:
   
• Verifying legal U.S. residence or work visa status (see legal questions under “Citizenship”) 
• What languages do you speak, read, or write fluently?  

Religion  

Illegal: 

• What religion are you?   
• Do you need Sundays off to practice your religion?

• This position’s schedule requires rotating Saturday and Sunday shifts. Would you be able to consistently work these hours? 

Other Topics to Avoid 

Rather than having a legal alternative, there are some interview questions and discussion topics that should simply be avoided altogether. This includes questions related to political affiliation/views, race or ethnicity, and sexual orientation. 

Criminal Records - When interviewing ag candidates, questions related to criminal records and past convictions vary by state, so be sure to do your research on what you can and can’t ask in your state.  

Compensation - It’s also illegal in many states to ask a candidate about their current compensation and benefits. However, if a candidate voluntarily discloses this information, you can ask follow-up questions such as “Does that number include bonus and/or commission?”, or “What type of benefits are most important to you?”. 

Conclusion 

A good rule of thumb is that if you’re ever unsure if a specific interview question is legal, it’s best to play it safe and not ask that question. Focus on questions that are relevant to the job to avoid putting your agriculture business at legal risk. 

At AgHires, we understand that recruiting for your ag business is a large task. That’s why our team of expert agricultural recruiters are here to do the heavy lifting. We work closely with your team to understand your unique hiring challenges and present you with only the top agricultural talent. We serve as your talent advisor throughout the entire recruitment process. Contact us today or learn more about our recruiting and job advertising services. 

Looking for more interview and HR tips specific to the agricultural industry? Visit our Hiring Advice Blog.