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What you can't ask
A reference call is part of an employment decision, so the same limits apply as in an interview — including when the answer comes from a former manager rather than the candidate.
Jurisdiction decides the detail. This is the general shape under US federal
law; states and cities add to it, and some of the additions are significant. Confirm with
counsel where you hire.
| Don't ask | Why | Ask instead |
|---|---|---|
| How old is she? When did he graduate? | Proxy for age | Was the role at the level described? |
| Any health problems? How much sick leave? | Disability and medical inquiry | Were they reliable about commitments they made? |
| Do they have kids? Are they planning a family? | Family and pregnancy status | How did they handle scheduling and coverage? |
| Where are they originally from? | National origin | Are they authorised to work here? (ask the candidate, not the reference) |
| Did they need time off for religious holidays? | Religion | Were they dependable during busy periods? |
| What did you pay them? | Salary-history bans in many states and cities | What is your expectation for this role? (ask the candidate) |
| Do they have a criminal record? | Ban-the-box timing rules; individualised assessment expected | Handle via a compliant background check, at the right stage |
| Did they ever file a complaint or a claim? | Retaliation exposure | How did they raise concerns internally? |
| Anything else I should know about them personally? | Open invitation to protected information | Anything about their work I should know? |
If a reference volunteers something protected
It happens, usually innocently. Do not follow up, do not record it, and steer back to the work: "Thanks — what I really need to understand is how they handled the technical side." Your notes should contain what you asked about, not what you happened to learn.
Ask every candidate the same questions. A consistent question
set for a role is the cheapest protection available, and it also makes the answers comparable —
which is the reason you were doing this in the first place.