If you're hiring in the US, compliance is your responsibility too. Not just HR’s. One wrong question or missing detail can create a huge mess. Let’s keep you safe and confident.
Why This Matters:
Here’s why this stuff is important:
If you're in-house, you’re protecting your company from risk.
If you're agency-side, the client trusts your process.
If you mess up salary rules or ask the wrong questions, both you and your client can get in trouble. Let’s avoid that.
The State Law Reminder
Federal laws are the same everywhere, but state laws can differ. So before you call any candidate, know what the rules are for that job’s location. Salary transparency, salary history bans, and so much more..It all depends on the state.
Part I: Your Quick Internal Audit
Here’s your quick checklist before touching the phone or sending an outreach message.
First: Check the job description. Remove anything age-related like “digital native” or “recent grad.” That’s not allowed.
Second: Make sure the salary range is confirmed and posted if the state requires it.
Third: Verify the interview process. It should focus on real skills, not trick questions.
Fourth: Make sure everyone interviewing knows what not to ask—family, age, medical stuff.
Those are automatic no-gos.
Part II: Safe Screening Questions
Now let’s talk about what you can safely ask.
Q1: Salary
Ask: "What are your salary expectations?"
Never ask about past salary—illegal in many states.
Q2: Work Authorization
Ask: ‘What’s your current work authorization, and would you need sponsorship now or later?’ Keeps things clean and compliant."
Q3: Ability / ADA
Ask based only on job duties. Like: ‘This role needs 25% travel—are you able to do that?’
Don’t ask anything personal.
Q4: Behavioral
Ask about real examples: ‘Tell me about a time you…’
Keeps the interview skill-based and bias-free.
And that’s it! US compliance doesn’t have to be scary. The more you know, the stronger you are as a recruiter.
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Happy Screening!