Questions You Cannot Ask in a Swiss Job Interview
Certain interview questions violate Swiss anti-discrimination law and the Swiss Data Protection Act (revDSG). You cannot ask about family plans, marital status, religion, politics, health, union membership, or personal finances. Violations expose you to legal claims and damage your employer brand. Stick to job-relevant competencies and experience.
Swiss employment law and the revised Data Protection Act (revDSG) restrict what you may ask candidates. Questions must be job-relevant and proportionate to the role. Asking prohibited questions—even informally—creates legal liability and signals unprofessionalism to strong candidates.
As an SME without an HR department, you bear direct responsibility for interview conduct. The goal is simple: assess whether the candidate can do the job, nothing more.
Categories of Prohibited Questions
Swiss law forbids questions about personal characteristics unrelated to job performance. This includes family status, children, pregnancy plans, religion, political views, union membership, medical history, and financial situation. The principle: only ask if the answer directly affects job capability.
The revDSG tightens rules on collecting personal data. Even seemingly innocuous questions—'Are you married?', 'Do you speak a minority language at home?', 'How old are your children?'—can breach proportionality. Document why any demographic data matters to the role.
- Family plans, marital status, or children
- Religion, church affiliation, or political beliefs
- Health, disabilities (unless essential for safety or accommodation)
- Genetic information, military service, or criminal record (with exceptions)
- Union membership or works council involvement
- Personal finances, debt, or housing situation
Your Obligations During Interviews
You must conduct interviews fairly and document your assessment criteria in advance. Define job-critical competencies (technical skills, language level, leadership style) and evaluate all candidates against the same standard. Avoid subjective gut-feeling decisions that mask bias.
If a candidate mentions protected information unprompted—'I have a 3-year-old at home'—do not probe further or factor it into your decision. Stick to follow-up questions about experience, methods, and capabilities. Keep interview notes brief and factual.
- Ask only about job-relevant skills, experience, and availability
- Use identical questions for all candidates in the same role
- Do not inquire about health unless the role has genuine safety requirements
- Avoid assumptions about time commitment based on family status
- Document your criteria before interviews; record decisions afterward
- Never ask about criminal record, union activity, or personal beliefs
The Most Common Mistake
The most common error is asking about family plans with the intent to judge reliability or Pensum fit. Phrases like 'Will you be able to commit 80% with young children?' or 'Are you planning more kids?' create discrimination claims even if you hire the candidate. Intent does not matter; impact does.
A second trap: collecting 'nice to know' personal data. You might ask about hobbies, housing, or hometown out of friendliness, then inadvertently use that data in hiring decisions. If you ask it, treat it as potentially discriminatory. When in doubt, leave it out.
- Asking about family or childcare plans under the guise of 'commitment'
- Using health or disability disclosures as a reason to reject
- Assuming time availability based on marital or parental status
- Collecting demographic data without a documented, job-related reason
- Making casual 'small talk' that touches on protected topics
- Storing personal notes that hint at protected-class reasoning
Frequently asked questions
- Can I ask about language skills or certifications needed for the job?
- Yes. Ask about job-critical qualifications directly: 'This role requires German at B2 level. What is your proficiency?' Avoid asking where they grew up or what language they speak at home unless directly relevant to the Pensum.
- What if a candidate volunteers personal information—should I record it?
- If a candidate mentions a disability, family, or religion unsolicited, do not probe or note it unless it relates to a genuine job requirement. Do not factor it into your decision. Focus your notes on job-relevant responses.
- Are there exceptions for safety-sensitive roles?
- Yes, but narrowly. For a driving role, you may ask about licenses and medical fitness (with candidate consent). For childcare, you may ask about background checks required by law. A lawyer should confirm what counts as 'job-critical' in your sector.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.