What Employers Can and Can’t Ask During the Hiring Process

Asking the right questions during the hiring process is critical — but asking the wrong ones can expose your business to legal risk, discrimination claims, and compliance violations. Employment laws at the federal, state, and local levels regulate what employers can and can’t ask candidates, especially when it comes to background information, personal characteristics, and protected classes.

At Confirmify, we help employers navigate these rules while still collecting the information needed to make smart, lawful hiring decisions.

Questions Employers Are Allowed to Ask

Employers are permitted to ask questions that are job-related and consistent with business necessity. These questions should focus on a candidate’s ability to perform the duties of the role.

Examples of acceptable questions include:

Can you legally work in the United States?
Are you able to perform the essential functions of this job with or without reasonable accommodation?
What relevant experience or skills do you bring to this role?
Are you willing to undergo a background check after a conditional offer of employment?
Do you hold the required license or certification for this position?

Employers may also verify information such as employment history, education, and credentials through a compliant background screening process.

Questions Employers Should Avoid

Certain questions are prohibited or restricted because they may lead to discrimination based on protected characteristics under laws such as Title VII, the ADA, ADEA, and state fair hiring regulations.

Employers should avoid asking about:

Age, date of birth, or graduation dates
Race, ethnicity, or national origin
Religion or religious practices
Marital status, pregnancy, or family planning
Disabilities or medical conditions
Citizenship status (beyond work authorization)
Arrest history (in ban-the-box jurisdictions)
Salary history (in jurisdictions with salary history bans)

Even casual or conversational questions in these areas can create compliance issues if they influence hiring decisions.

Background Checks and Timing Restrictions

While background checks are a standard part of hiring, employers must follow strict timing and disclosure rules.

Key considerations include:

Criminal history inquiries may be restricted until after a conditional offer in ban-the-box jurisdictions
Written consent is required before running a background check under the FCRA
Candidates must be notified and given time to respond before adverse action is taken
Decisions must be based on job relevance and individualized assessment, not blanket policies

Confirmify helps employers stay compliant by managing disclosures, authorizations, and adverse action workflows automatically.

Why Choose Confirmify?

Confirmify empowers employers to conduct background checks and hiring screenings that are fair, compliant, and efficient. Our platform ensures you collect the right information at the right time while avoiding prohibited questions and legal pitfalls. Most background checks are completed within 8 hours to 3 days, and clients typically experience 30–50% faster turnaround times than with previous providers. With customizable screening packages, built-in FCRA compliance, and transparent pricing, Confirmify helps you hire confidently without crossing legal lines.

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