Labor law

You should not ask these questions at a job interview

The employer's most important tool

Two of the most important tools for employers when hiring are:

  1. The job interview
  2. Reference tagging

Those who master interview techniques and dare to think outside the box with the questions asked are often rewarded with getting closer to the interviewee. What is important to keep in mind as a manager and employer representative is the Discrimination Act and the grounds for discrimination that exist. Not getting a job that an employee applies for because of one of these grounds is discrimination and is liable for damages. Therefore, it is important not to ask questions related to any of these issues.

The grounds of discrimination

The grounds of discrimination are:

1.Kön

  1. Transgender identity or expression
  2. Ethnicity 
  3. Religion or other beliefs 
  4. Disability
  5. Sexual orientation
  6. Age
  7. Parental leave

Both direct and indirect disadvantages can be discrimination

An employer may not discriminate against anyone who makes an inquiry or applies for work with the employer. Discrimination is divided into:

  1. Direct discrimination

This is the typical case. For example, you ask the job applicant if he or she intends to take parental leave while working and then you tell him or her that he or she will not get the job because of this. There is a direct discrimination between the fact that he/she did not get the job and the basis for what is a ground of discrimination.

2. Indirect discrimination

An example of indirect discrimination is when a criterion is set for a job that at first glance appears to be neutral but which indirectly disadvantages someone because of a ground of discrimination where the criterion is not really needed. Setting requirements for good Swedish for a position as a professor of Swedish literature is understandable, but setting the same requirements for a cleaning position may discriminate against those of a different ethnicity than Swedish.

All forms of recruitment are covered and do not have to be initiated by the employer

It is job applicants who are protected under the Discrimination Act. This means that the protection is activated both for spontaneous applications and for advertised positions. The protection is active during all contacts with the employer and all activities that the employer undertakes in connection with the job applicant that may put them at a disadvantage. For example, failure to call a particular person for an interview. But even stopping recruitment altogether can be challenged.

What questions should I not ask?

Do not ask questions related to any of the grounds of discrimination in 1-8 Questions that may be perceived as discriminatory:

  • Origin
  • Faith
  • Past medical history
  • Who they live with
  • Plans for children or parental leave

You should also avoid asking questions about trade union membership or information that may constitute trade secrets from previous employers. Good questions that I ask myself during interviews:

  • What makes a good manager for you?
  • What is a good colleague like?
  • What do you need to perform at your best in your workplace?
  • Example from a normal day at work and how that person would handle it
  • Dreams
  • What makes them angry or happy in the workplace
  • Can they leave the dishes overnight and take care of them the next day?
  • Which tasks are fun and which are boring?
  • What motivates you in the workplace?
  • Why should we hire you?
  • Why are you applying for this job?
  • When was the last time things went well or not so well at work?
  • What is stress for you? How do you deal with it?

Good luck, and don't forget to get in touch if you have any questions.

Christoffer Lewinowitz

Employer lawyer

With us, the first call is free!

We believe it should be easy as an employer and manager to do the right thing. The distance to ask for help must be short, which is why an initial consultation is always free with us. We will hear from you within 24 hours.

Security agreement for employers...

The subscription includes:

  • Unlimited legal advice with an employment lawyer over the phone
  • Representation in negotiations with unions and employees
  • Court representation in case of a lawsuit against you
  • Leadership Coaching
  • Advice on the application of any collective agreements
  • Legal Contract Templates
  • HR Policy Templates
  • Employment Law Risk Assessment
  • Legal Courses and Compliance Guides
  • Whistleblower system management for employers

A good complement to the company's legal expenses insurance. Labor disputes are usually an exception in business insurance. For terms and conditions, application and price list, click here.