Questions You May Not Ask in a Job Interview
Swiss employers cannot ask interview questions about age, marital status, religion, political views, health, or family plans. The Swiss Constitution, Employment Act (ArG) and Revised Data Protection Act (revDSG) restrict personal questions unrelated to job performance. When in doubt, ask only whether the candidate can do the job.
Swiss employment law and constitutional rights protect candidates from invasive personal questions during hiring. Many questions feel normal in conversation but expose your company to complaints or tribunal challenges if the candidate later claims discrimination.
The line is simple: you may ask only what directly affects job performance. Anything else — about private life, health, family, beliefs, or demographics — is off-limits unless objectively necessary for the role.
What You Cannot Ask
The Swiss Constitution (Article 8) and Employment Act (ArG Article 1a) forbid discrimination based on protected characteristics. In interviews, this means no questions about age, marital status, children or family plans, religion, political affiliation, sexuality, disability, genetic information, or criminal record (with narrow exceptions).
Health questions are especially restricted. The revDSG forbids processing health data during recruitment unless the role has documented health requirements approved by a doctor. Even 'Are you healthy?' can trigger liability.
- Age or birth year — unless the role has strict legal age limits (e.g., security clearance, apprenticeship)
- Marital status, children, or family plans — never relevant to job capacity
- Religion, church membership, or belief — even coded as 'cultural fit'
- Political views or union membership — expressly protected under ArG
- Disability, illness, or medical history — unless objectively required and documented
- Criminal record — only lawful if the role has statutory requirements (e.g., banking, childcare)
When This Comes Up
Most problems arise in friendly, informal interviews where you ask 'getting-to-know-you' questions. A casual 'Do you have kids?' or 'How old are you?' feels natural but violates the Employment Act if the candidate later files a complaint with the cantonal labor office.
Remote interviews and referral conversations carry the same risk. Candidates can record or document your words, and even deleted messages may be recoverable. One careless question can turn a promising hire into a tribunal case.
- Screening calls or video interviews — candidates often record; tone and wording matter
- Reference checks from previous employers — they may inadvertently reveal protected info
- Follow-up messages after rejection — avoid justifications that hint at protected characteristics
- Informal conversations with referrers or network sources — you are still liable for questions asked
- Second or final-round interviews — legal risk does not decrease with familiarity
- Interviews conducted by colleagues without HR training — ensure consistent guidelines
Your Obligation & the Common Mistake
You must document a structured interview process with job-related questions only. This shows good faith and protects you if a candidate claims discrimination. The Swiss courts and cantonal labor authorities expect employers to have prepared, neutral questions.
The biggest mistake: assuming 'we are just chatting' makes a question harmless. It does not. Write down your core interview questions in advance. Train anyone conducting interviews — founder, manager, colleague — on what is off-limits. One awkward question can cost you a settlement or damage your hiring reputation.
- Prepare written, job-related questions before each interview; do not improvise
- Brief all interviewers on legal boundaries even in casual, panel, or lunch-table settings
- Do not ask 'innocent' follow-ups about family, health, or personal life — it compounds risk
- Record decisions on job-relevant grounds only; document why each candidate was rejected or hired
- If a candidate volunteers protected info, acknowledge it politely and redirect to job skills
- Consult a labor lawyer if a role has health or criminal record requirements; do not guess
Frequently asked questions
- Can I ask 'Are you willing to relocate to our office in Zurich?' if the job is on-site?
- Yes. Willingness to work at a specific location is job-related, not personal. However, if your follow-up reveals relocation difficulty due to family or disability, stop there. Focus on the yes-or-no answer only.
- A candidate mentions a disability or health issue unprompted. What do I do?
- Listen politely but do not probe. You may ask whether they need reasonable accommodations to perform the job role. Do not ask about diagnosis, prognosis, medication, or severity. Document only the accommodation request, not the medical information.
- Can I ask about gaps in a CV or explain a job change?
- Yes — that is job history. But if the candidate says 'I left because I had a baby' or 'I was ill', do not follow up. Ask only about work experience and skills relevant to the open role.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.