25+
Discrimination criteria prohibited by law
3 years
Maximum sentence for discrimination in hiring
€45,000
Maximum fine for discrimination
~70%
Discriminatory questions asked through lack of knowledge
The legal framework: what the law says
Employment law prohibits discrimination based on 25+ criteria including origin, gender, sexual orientation, age, family status, pregnancy, health status, disability, religion, political opinions, union membership, physical appearance, surname and place of residence.
Consequences for hiring discrimination
| Consequence | Detail | Who can act |
|---|---|---|
| Criminal | Up to 3 years prison and €45,000 fine | Prosecution, Human Rights Ombudsman |
| Civil | Damages and interest to candidate | The aggrieved candidate |
| Dismissal nullity | If discrimination proven during hiring | Employment tribunal |
| Reputation | Employer reputation damaged (Glassdoor, social media) | Public opinion |
Illegal questions and compliant alternatives
Personal and family life
| Illegal question | Compliant alternative |
|---|---|
| "Are you married?" | None (not relevant to role) |
| "Do you have children?" | None (not relevant) |
| "Are you planning children?" | None in any circumstance |
| "Who looks after your children?" | "This role involves frequent travel. Is that compatible with your situation?" |
| "Are you pregnant?" | Prohibited in all cases |
Health, origin, religion and age
| Illegal question | Compliant alternative |
|---|---|
| "Do you have any health issues?" | None (only occupational health doctor assesses aptitude) |
| "Do you have a disability?" | "This role requires lifting 15kg. Do you need any adjustments?" |
| "What's your ethnic background?" | None |
| "What religion do you practice?" | None |
| "How old are you?" | "Tell me about your experience over the last 10 years." |
| "Are you a union member?" | None |
What you CAN ask
Compliant vs illegal questions
Avantages
- Professional track record, achievements, skills acquired
- Qualifications, certifications, training
- Hard and soft skills with STAR examples
- Motivation for the role and company
- Notice period and availability date
- Geographic mobility if required by role
- Salary expectations
- "Do you hold a driving licence?" (if role requires it)
Inconvénients
- Anything about romantic or sexual life
- Anything about children or family plans
- Health status or medical history
- Ethnic or geographic origin
- Religious or political beliefs
- Union membership
- Age (except working backwards from experience)
Legally compliant questions that are risky
Some legal questions can lead to discriminatory answers. "Tell me about yourself" → may prompt personal information. Better: "Tell me about your professional background". "What are your hobbies?" → may reveal religion. Better: "What activities develop skills useful for this role?"
Interview compliance checklist
- Grid with standard questions (same for all)
Before interview
- Questions focused on role competencies
Not personal life
- Managers trained on illegal questions
Annual training recommended
- Factual notes only
Competencies, experience, concrete examples
- Decision based on professional criteria
Documented with reasons
0/5 effectué(s)0%
Illegal interview questions FAQ
Can a candidate sue for discrimination?
Yes. A candidate who believes they were discriminated against can contact the Human Rights Ombudsman, file a criminal complaint (up to 3 years prison and €45,000 fine), or pursue civil damages. Burden of proof is shared: candidate provides elements suggesting discrimination, employer must prove they didn't discriminate.
Can we ask about criminal history?
Only if the role legally requires it (finance, security, work with children, etc.). In these cases, only a basic criminal record check may be requested. For most roles, this question is illegal as it can lead to discrimination based on origin or other protected criteria.
How to ask about travel availability without discriminating?
Describe objective job constraints: "This role involves 2–3 days travel monthly. Is that compatible with your situation?" The candidate decides how to organise themselves. Don't ask how they'll manage children, spouse or personal life. Question should concern availability, not reasons for unavailability.
What if a candidate brings up personal information?
If a candidate voluntarily mentions family situation, religion or health, don't follow up with questions on those topics. Redirect with: "Thank you for sharing. Let's return to the role: can you tell me about...". Don't note this personal information in your recruitment files.
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