Recruiters are paid to dig deep into the qualifications and character of a candidate. Hiring managers ask us to go beyond the skill listed on the resume, and determine the "right fit" for the company. For many recruiters, the ability to be efficient in finding the right person is often held up by legal restrictions on what we can and can't ask. In an effort to protect candidates, the government writes laws that sound good in theory, but often prevent us from weeding out the so-called bad apples.
Ultimately, it's a matter of perspective. The government and the law are there to protect the candidate, with the assumption that a company that is "fair" is a better company, while most recruiters are trained to be efficient, finding the best candidate no matter what the methods use.
Still , laws are laws, and they must be followed. So what are some things you can and can't ask? Just this once, I'm going to keep my snark in line, and just present the questions.
Questions related to height, weight and age.
Birthplace or birthplace of the parents.
Volunteer activities.
Politely, or impolitely asking if they are, Mr, Ms, or Mrs.
Asking about felonies, arrest, or misdemeanors that did not result in conviction.
Maiden name, marital status, or number of dependents.
The spouse's name.
The list is bigger, but the intent is the same. In the eyes of the law, the type of person you are has no impact on the type of worker you might be. In the eyes of the law. So that young buck with a pregnant wife? You can't suggest he'll be motivated to sell harder because he's starting a family. That's discriminatory. Just a note to some bosses of mine from the early 90's.
Source: Electronic Recruiting 101, written by Shally Steckerl.
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