Interviewing Dos and Don’ts: Legal Guidelines for Pharma Recruiters on Candidate Questions

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Recruiting top talent in the pharmaceutical sector is a critical process that requires precision, professionalism, and a deep understanding of both the skills needed and the legal framework governing hiring practices. As competition heats up, pharmaceutical industry recruiters must ensure their interview processes not only attract the best candidates but also fully comply with employment laws designed to protect both applicants and employers.

Interviewing involves more than assessing technical skills or cultural fit—it demands careful navigation of complex legal guidelines about what questions can and cannot be asked. Missteps during interviews can expose companies to costly discrimination claims, damage their reputation, and jeopardize promising hiring opportunities.

Why Compliance Matters 

Pharma recruiters operate in a highly regulated industry, but employment law compliance during hiring is equally critical. The U.S. Equal Employment Opportunity Commission (EEOC), along with various federal, state, and local laws, protects candidates from discrimination based on race, gender, age, disability, religion, national origin, and other protected characteristics.

Failure to comply with these regulations during interviews can lead to:

  • Discrimination lawsuits and fines
  • Damage to company brand and employer reputation
  • Loss of top talent due to perceived unfair practices
  • Internal morale and diversity setbacks

Understanding the legal boundaries in interviewing helps ensure fair candidate evaluation and reduces risk exposure.

Interviewing Dos: What Pharma Recruiters Should Always Do

Prepare Structured, Job-Related Questions

Prepare interview questions focused on the specific skills, experience, and competencies required for the pharma role. Examples include:

“Can you describe your experience with GMP compliance?”

“What techniques have you used in clinical trial data analysis?”

“Tell me about a time you had to manage a regulatory submission.”

Structured interviews reduce bias by ensuring all candidates are evaluated fairly on the same criteria.

Train Interviewers on Legal Guidelines

Ensure everyone conducting interviews is trained on:

  • EEOC guidelines
  • State-specific interviewing laws
  • Company policies on discrimination and harassment
  • Regular refresher training keeps interviewers aware of evolving regulations and best practices.

Focus on Job-Related Skills and Experience

Questions should strictly relate to the candidate’s ability to perform the job. For example, in biotech roles, asking about specific laboratory techniques, regulatory knowledge, or project management skills is appropriate.

Document Interview Responses

Keep clear, objective records of candidate answers to defend hiring decisions if challenged later. Documentation should emphasize job-relevant criteria rather than personal characteristics.

Respect Privacy and Confidentiality

Handle candidate information discreetly, especially sensitive personal data, in compliance with data privacy laws such as GDPR (if applicable) and similar U.S. state regulations.

Interviewing Don’ts: What Pharma Recruiters Must Avoid Asking

Avoid Questions About Age, Marital Status, or Family Plans

Asking candidates about their age, birthdate, marital status, children, or plans to start a family is prohibited under federal law and many state statutes. These questions can be seen as age or gender discrimination.

Example to Avoid:

“How old are you?” or “Do you plan to have children soon?”

Do Not Inquire About National Origin or Citizenship Status

Questions about a candidate’s birthplace, ethnicity, or citizenship status can lead to discrimination claims. Instead, employers can ask if the candidate is authorized to work in the U.S.

Compliant Question:

“Are you legally authorized to work in the United States?”

Refrain from Asking About Disabilities or Health Conditions

Under the Americans with Disabilities Act (ADA), it’s illegal to ask about disabilities before a job offer. Instead, questions should focus on the candidate’s ability to perform essential job functions with or without reasonable accommodations.

Example to Avoid:

“Do you have any disabilities?”

Compliant Alternative:

“Are you able to perform the essential functions of this job with or without accommodation?”

Don’t Ask About Salary History

Many states and localities have banned salary history questions to combat wage discrimination. Instead, discuss salary expectations or provide the salary range for the position.

Example to Avoid:

“What was your last salary?”

Compliant Alternative:

“What are your salary expectations for this role?”

Avoid Questions About Religion or Beliefs

Questions about religious practices or holidays can lead to discrimination claims. Instead, ask about willingness to work required shifts without mentioning religion.

Special Considerations for Pharma Recruiters

Immigration and Work Authorization Questions

Pharma recruiters often hire international talent, so questions about work authorization are common. It’s legal to ask if a candidate is authorized to work in the U.S., but avoid probing into citizenship or immigration status beyond that.

Legal:

“Are you authorized to work in the United States?”

Illegal:

“Are you a U.S. citizen?” or “Where were you born?”

Use of Artificial Intelligence (AI) and Automated Screening Tools

As pharma companies adopt AI for screening resumes or assessing candidates, be mindful of EEOC guidance on preventing algorithmic bias. Candidates must be notified if AI tools are used and should have recourse if they feel unfairly evaluated.

Cultural Sensitivity in Global Hiring

For international candidates, cultural norms may differ regarding interview etiquette and questions. Maintaining a respectful and professional tone while adhering to legal standards is essential.

Handling Sensitive Topics Appropriately

Some topics, while sensitive, might need discussion in certain contexts—for example, accommodations for disabilities or willingness to travel. These should be addressed carefully, ideally after a conditional job offer has been made, or framed to focus on job requirements rather than personal details.

Sample Interview Questions for Pharma Recruiters

Allowed:

“Describe your experience working in a GMP-regulated environment.”

“Can you explain your role in preparing IND submissions?”

“What software tools are you proficient in for clinical data management?”

“Are you able to meet the travel requirements of this position?”

“What is your availability to start if selected?”

Avoid:

“How old are you?”

“Are you married?”

“Do you have any disabilities?”

“What religion do you practice?”

“What was your previous salary?”

“Are you a U.S. citizen?”

What to Do If an Interview Question Goes Wrong

If you or your interviewers realize an inappropriate question was asked, handle the situation promptly:

  • Apologize briefly to the candidate.
  • Redirect the conversation to relevant job topics.
  • Document the incident and review interview training to prevent recurrence.

Best Practices for Pharma Recruiters in 2025

Recruiters in the pharmaceutical sector must balance the dual goals of attracting top-tier talent and complying with evolving employment laws. Interview questions must be thoughtfully crafted, focusing exclusively on job-related criteria while avoiding topics that could lead to discrimination claims.


author

Chris Bates


Monday, June 30, 2025
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