Prohibited Interview Questions - European Union
Prohibited Interview Questions in Europe
Last Updated: April 24, 2025
DISCLAIMER: This document is for informational purposes only and does not constitute legal advice. Laws vary significantly across European countries and may change over time. Always consult with qualified legal counsel regarding specific interview practices in each European jurisdiction where you operate.
Overview
This guide outlines questions that generally should not be asked during job interviews in European countries. European employment laws are governed by both EU-wide regulations and country-specific legislation, creating a complex legal landscape that varies across borders.
General EU Principles
GDPR Considerations
The General Data Protection Regulation (GDPR) significantly impacts interview practices across all EU member states:
Personal data must be collected with a valid legal basis
Only relevant data necessary for the employment decision should be collected
Candidates have rights regarding their personal data
Special category data (health, religion, political beliefs, etc.) requires extra protection
Commonly Prohibited Questions Across Europe
Personal Characteristics
❌ Avoid asking:
Questions about race, ethnicity, or skin color
Questions about nationality (beyond work authorization)
Questions about religious beliefs or practices
Questions about sexual orientation or gender identity
Questions about political opinions or trade union membership
✅ Acceptable alternatives:
"Do you have the right to work in [country]?"
"Are you able to provide documentation of your right to work if offered employment?"
Family Status and Planning
❌ Avoid asking:
"Are you married?"
"Do you have children or plan to have children?"
"Are you pregnant?"
Questions about childcare arrangements
✅ Acceptable alternatives:
"This position may require evening/weekend work. Would that create any difficulties for you?"
"This role involves occasional travel. Would you be able to travel as required?"
Health and Disability
❌ Avoid asking:
General questions about health conditions or disabilities
Questions about sick leave history
Questions about smoking, drinking, or eating habits
Questions about mental health history
✅ Acceptable alternatives:
"Are you able to perform the essential functions of this job with or without accommodation?"
"This job requires [specific physical requirements]. Can you fulfill these requirements?"
Age
❌ Avoid asking:
Direct questions about age
Questions about retirement plans
When the candidate graduated from school
✅ Acceptable alternatives:
Questions about relevant work experience
Questions about career goals
Financial Status
❌ Avoid asking:
Questions about personal finances, debt, or credit history
Questions about home ownership
✅ Acceptable alternatives:
Financial questions should generally be avoided unless directly relevant to the position
Country-Specific Considerations
Germany
Especially strict regulations on personal questions
Questions about criminal record only allowed if directly relevant to job
Severe restrictions on questions about health
Strong works council influence on hiring processes
France
Questions about languages must be justified by job requirements
Criminal record checks limited to specific professions
Strict privacy laws regarding personal life
Questions about political views strictly prohibited
United Kingdom
Protected characteristics under Equality Act 2010
Questions about criminal convictions governed by Rehabilitation of Offenders Act
"Right to work" documentation required
Special considerations for positions requiring security clearance
Italy
Questions about political affiliation prohibited
Strong protections for privacy and personal data
Questions about union membership prohibited
Questions about family planning strictly forbidden
Spain
Strong protections against discrimination based on family status
Limitations on questions about criminal history
Questions about personal relationships prohibited
Strong protections for privacy rights
Sweden
Strong emphasis on gender equality in hiring
Prohibitions on questions that could lead to discrimination
Focus on skills and qualifications rather than personal characteristics
Strong protection of privacy rights
Netherlands
Questions about pregnancy or plans to have children prohibited
Questions about health generally prohibited
Strong emphasis on equal treatment
Privacy of candidates strongly protected
Best Practices for European Interviews
Focus on qualifications and skills relevant to the job
Create structured interviews with standardized questions reviewed for compliance
Document hiring decisions based on job-related criteria
Train interviewers on country-specific regulations
Avoid collecting unnecessary personal data
Maintain privacy of candidate information
Consider country-specific cultural norms while maintaining legal compliance
Consult local legal experts in each country where you operate
Salary Discussion Considerations
Salary transparency regulations vary across Europe:
Some countries require salary ranges in job postings
Discussion of previous salary may be restricted in some jurisdictions
Gender pay gap reporting requirements in some countries
Regular Review Recommended
Employment laws in Europe change frequently, both at the EU level and within individual countries. Review this document regularly with legal counsel familiar with each specific jurisdiction where your company operates.
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