Is it legal to ask about gaps in employment?
Asking about a gap in someone's work history isn't itself illegal, but pressing on why can surface protected information like disability, pregnancy or caregiving. Keep the question focused on skills and recent experience.
It's generally lawful to note a gap and ask what someone did during it, but open-ended “why were you out of work?” questions often pull in answers about health, family, caregiving or military service, all tied to protected characteristics. The risk grows the more you probe.
Keep it job-related: ask whether the candidate's skills are current and what they're looking for now, rather than digging into the personal reason for any gap.
Risky phrasing
“Why were you out of work for those two years?”
Compliant rewrite
Tell me about the skills and experience you'd bring to this role, including anything you kept current during any time away from work.
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