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

1. Focus on qualifications and skills relevant to the job

2. Create structured interviews with standardized questions reviewed for compliance

3. Document hiring decisions based on job-related criteria

4. Train interviewers on country-specific regulations

5. Avoid collecting unnecessary personal data

6. Maintain privacy of candidate information

7. Consider country-specific cultural norms while maintaining legal compliance

8. 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.