Legal Question in Employment Law in Colorado

Do interview questions have to be the same?

There is a level of debate amongst our staff on how to conduct interviews. Some of us state that it is illegal to give different questions to different candidates for employment at our school. They feel that asking even one different question to a candidate opens up the possibility of a lawsuit. The rest of us feel that there is no law about having to ask the same questions to every candidate. Which is true?


Asked on 9/29/05, 7:46 am

1 Answer from Attorneys
Francisco Romero F.L. Romero Esq., P.C.

Re: Do interview questions have to be the same?

No. There is no law that requires each job candidate to be asked the exact same question. This practice is the by-product of overly cautious HR personnel. It is a favorite amongst federal gov't employers. One of the most stifling and useless methods to select the best candidate if you ask me. As long as the questions asked are relevant to the position and overall employment, they're good to go. You are open to attack when the candidates are asked different questions, but hey, if someone is disgruntled enough, they'll sue you regardless of what was done. Can't let the fear of being sued cripple the process.

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Answered on 9/29/05, 11:39 am


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