Interviews can feel awkward, especially when you're trying to build rapport with a candidate. A bit of small talk to break the ice is natural.

But some casual questions can land you in hot water, even when you don't mean any harm.

Here are 5 topics to avoid completely during interviews.

These aren't just HR best practice, they're legal requirements that could expose your business to discrimination claims.

1. Don't ask about partners or children

It's tempting to make conversation with questions like "do you have kids?" or "are you planning a family?".

Even innocent small talk about family can be seen as bias. You might unconsciously assume someone with young children will be less available, or that someone planning a family won't be committed long-term.

Stick to talking about the role requirements instead. If availability matters, ask about their ability to work specific hours or travel requirements.

2. Avoid discussing health or disability unless it's for accommodations

You can absolutely ask if someone needs any accommodations for the interview itself, that's good practice.

But asking about health conditions, medical history or whether someone has a disability isn't appropriate at this stage. In most cases, you're not allowed to ask these questions until after you've made a conditional job offer.

Focus on whether they can perform the essential functions of the role with or without reasonable accommodation.

3. Don't ask about criminal history too early

In many states and cities, "ban-the-box" laws limit when you can ask about a candidate’s criminal history. These laws are designed to give all applicants a fair chance before considering past convictions.

Typically, you can only ask about criminal history later in the hiring process, often after a conditional job offer. Make sure you understand the rules in your area before bringing it up in an interview.

4. Avoid asking about union membership

Questions like "are you in a union?" or "have you ever been involved in union activities?" aren't relevant to most roles.

In the US, the National Labor Relations Act (NLRA) protects employees from discrimination based on union membership or activity. Asking about it could be seen as a sign you might treat candidates differently based on their answer.

Keep interview questions focused on skills, experience and ability to do the job.

5. Don't ask about age

Avoid asking someone's age directly or trying to work it out indirectly with questions like "what year did you graduate?".

The Age Discrimination in Employment Act (ADEA) protects applicants age 40 and over from discrimination in hiring. Even if you think age might be relevant to the role, you need to be very careful about how you approach this.

Focus on the skills and experience needed rather than assumptions about what different age groups can or can't do.

What to do next

These rules aren't meant to make interviews harder; they're designed to keep things fair for everyone and protect your business from potential legal claims. The best interviews focus on job-relevant questions anyway.

Take a look at your current interview process. What questions do you typically ask? Are there any that might stray into these problem areas?

If you have other people involved in your hiring process, make sure they know these boundaries too. It only takes one inappropriate question to create a problem.

If you're unsure about what's appropriate to ask or want help with designing better interview questions, get in touch. Sometimes a quick conversation can save you from costly mistakes down the line.