Here's a test for human resources types: Did you know you can ask a job candidate the following question: "If you were trapped in a blender, what would you do to get out?"

But you can't ask them where they live.

If you're unsure about why you can ask the first but not the second, then it's time to sign up for a refresher course on interview questions. And you'll likely find yourself in a full classroom.

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CareerBuilder did a "trick questions" survey to find out how many HR professionals really know what they can and cannot ask a job candidate. What the survey revealed was that about a third of those who responded did not have a firm grip on this vital part of the job. And one in five admitted they've asked questions during interviews that they later discovered were illegal.

That said, CareerBuilder was able to identify some out-of-the-box questions that are perfectly legal to ask even if they seem a bit weird – such as the blender question. Because such questions don't discriminate and don't pry beyond the established boundaries of the job interview, and they can elicit important information about whether a candidate is right for a particular job.

Here are some definite no-ask questions:

  • What is your religious affiliation?

  • Are you pregnant?

  • What is your political affiliation?

  • What is your race, color or ethnicity?

  • How old are you?

  • Are you disabled?

  • Are you married?

  • Do you have children or plan to?

  • Are you in debt?

  • Do you social drink or smoke?

Lots of HR professionals are aware of this list. Now, let's look at a list of questions CareerBuilder compiled that seem OK but in fact aren't legal to ask a job candidate:

  • When do you plan to retire? CareerBuilder notes that asking candidates what their long-term goals are is OK, but asking when they plan to retire isn't.

  • Where do you live? This can be interpreted as a way to discriminate based on their location and is therefore illegal. Asking them if they are willing to relocate, however, is OK.

  • What was the nature of your military discharge? You can't ask about a military discharge. But you can ask what type of education, training or work experience received while in the military is not.

  • Are you a U.S. citizen? No question about citizenship or national origin is OK. But you can ask if a candidate is legally eligible for employment in the United States.

To end on a high note, here are a couple clever questions interviewers have used to size up candidates without violating their basic rights:

  • Do you believe in life on other planets? A question like this might be asked to see if a candidate has an attitude that anything is possible.

  • What superpower would you like to have? How candidates answer this question can provide insight into how they view their own strengths and weaknesses.

  • If you were stranded on an island, which two items would you like to have with you? Answers to this question could indicate a candidate's ability to weather a tough situation with limited resources. Notice the question says "items," thus ruling out people.

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Dan Cook

Dan Cook is a journalist and communications consultant based in Portland, OR. During his journalism career he has been a reporter and editor for a variety of media companies, including American Lawyer Media, BusinessWeek, Newhouse Newspapers, Knight-Ridder, Time Inc., and Reuters. He specializes in health care and insurance related coverage for BenefitsPRO.