What not to write in interview notes, and what to write instead
On this page
- Why interview notes need care
- Protected characteristics, and the words that stand in for them
- Appearance and how someone presents
- "Culture fit" and other shorthand
- Speculation, diagnoses and jokes
- The rewrite table: bad note to acceptable note
- When the candidate brings it up
- A 30-second check before you submit
- Questions people ask
Do not write anything in interview notes that refers to a protected characteristic or a stand-in for one (age, family, health, religion, national origin, pregnancy and the rest), comments on appearance, unexplained shorthand like "not a culture fit", guesses about the candidate's life or plans, or jokes and nicknames. Interview notes are hiring records: they are kept, they can be requested, and they are read later by people who were not in the room. Write only what the candidate said or did that relates to the job.
Not legal advice. This page summarizes federal rules as they are commonly described, as of September 2026. State and local laws add their own protected categories and record-keeping rules. Confirm what applies to your organization with HR or employment counsel.
Below: why notes deserve this care, the five categories to keep out, a rewrite table of bad notes and acceptable versions, what to do when a candidate volunteers something personal, and a check to run before you submit.
Why interview notes need care
Notes feel private while you write them. They stop being private the moment they go into an ATS, a shared folder or an email.
- They are kept. Under 29 CFR 1602.14, employers covered by Title VII, the ADA and GINA must preserve personnel and employment records, including records having to do with hiring, for one year from the date the record was made or the personnel action taken, whichever is later. The EEOC's recordkeeping page summarizes the same rule.
- They are kept longer when someone complains. Once a discrimination charge is filed, the same regulation requires keeping all personnel records relevant to the charge until it is finally resolved. Its own example of relevant records includes application materials of every other candidate for the same position. Many employers treat interview notes and scorecards as part of that record; ask HR how yours does.
- They can be requested. In federal litigation, Rule 26(b)(1) of the Federal Rules of Civil Procedure allows discovery of nonprivileged material relevant to a claim or defense and proportional to the case, and Rule 34 covers writings and electronically stored information in any medium.
The practical test: would you be comfortable if the candidate, your HR team, or a stranger read this line aloud with no context? If not, it does not belong in the notes.
Protected characteristics, and the words that stand in for them
The EEOC's page on prohibited employment policies and practices lists the federal protected characteristics: race, color, religion, sex (which the page describes as including transgender status, sexual orientation and pregnancy), national origin, age (40 or older), disability, and genetic information. The EEOC's genetic information page makes clear that includes family medical history. Many states and cities protect more.
Hardly anyone writes "rejected because of age". The risk is in the stand-ins:
- Age: "young and hungry", "digital native", "set in his ways", "overqualified", graduation years, "near retirement".
- Sex, pregnancy and family: "just had a baby", "has young kids, may not travel", "husband works in Denver". The EEOC's page on marital status and children says such questions are frequently used to discriminate against women.
- National origin: accent, name, "English is her second language", where someone "is really from".
- Religion: religious dress, holidays, "won't work Sundays".
- Disability and health: "walks with a cane", "seems depressed", "mentioned therapy", "had cancer a few years ago". The EEOC's prohibited-practices page says employers may not make pre-offer inquiries about disability.
- Genetic information: "her mother had Alzheimer's".
Appearance and how someone presents
Weight, height, clothing, hair, tattoos, attractiveness, voice, and "looks tired" have no place in interview notes. They are rarely job-related and they often correlate with protected characteristics.
Some structured interview guides, including the U.S. Office of Personnel Management's structured interview guide, do mention recording delivery and non-verbal behavior. The same guide warns interviewers to base their evaluation on performance related to the competency, not just on how a candidate acts during the interview. If communication is a competency you are rating, describe the behavior, such as "checked twice that I was following", not the person, such as "awkward".
"Culture fit" and other shorthand
"Not a fit", "great energy", "polished", "rough around the edges", "not one of us", "would not have a beer with him". Each is a conclusion with nothing underneath it, and in practice "fit" often means "similar to the people already here". OPM's guide lists "similar to me", giving higher ratings to candidates who seem like you, as a common rating error.
If the concern is real, it is a behavior the job needs, and you can name and rate it: "the role depends on written updates across time zones; could not give an example of written reporting". If you cannot name it that way, leave it out. The internal interview feedback examples page has more of these rewrites by competency.
Speculation, diagnoses and jokes
Guesses about someone's life
"Probably planning a family", "will leave when his wife relocates", "can't afford a pay cut", "seems like a party type". None of these are observations, and several point straight at protected characteristics. If a job requirement is in question, such as travel, schedule or location, ask every candidate the same question and record the answer.
Armchair diagnoses
"Anxious", "ADHD?", "on the spectrum", "seems unwell". An interviewer is not assessing health, and a note like this can read as a disability-based judgment regardless of intent.
Jokes, nicknames and sarcasm
"LOL", "our Excel wizard", "total trainwreck", emojis, profanity, comparisons to celebrities. Tone does not survive being read later by someone else. A sarcastic line in a scorecard can outweigh three paragraphs of careful evidence in how the whole record is read.
Hearsay and comparisons
"A friend at her old company says she's difficult" and "reminds me of Jake, who didn't work out" both import information that did not come from the interview. Backchannel concerns go to the recruiter to handle through a proper reference process, not into your notes.
The rewrite table: bad note to acceptable note
All examples are invented. Where the acceptable version is "no note", that is the fix.
| Bad note | Acceptable note | Why |
|---|---|---|
| "Older guy, probably won't pick up our tools" | "Tools: 3. Hasn't used our CRM; described learning their current CRM in the first month and building its pipeline reports." | An age assumption replaced by evidence about tools |
| "Recent grad, young and hungry" | "Motivation: 3. Asked about ramp plan and first-quarter targets; named two deals from their internship they sourced themselves." | Age-coded words removed; motivation shown by what they asked and did |
| "Strong accent, might struggle with clients" | "Client communication: 3. In the role play, confirmed the customer's needs back to them before proposing a plan." | Rate the communication you observed, not an accent |
| "Has kids, may not be able to travel" | "Travel: confirmed the role's two trips a month work for them (asked of all candidates)." | Ask the requirement of everyone; record the answer, not an assumption |
| "Pregnant? Timing would be hard" | No note. | Pregnancy is not assessed and should not be recorded |
| "Seemed nervous, maybe anxiety issues" | No note, or if communication is rated: "Short answer to Q1; detailed examples from Q2 onward." | Describe behavior only when it matters to a competency; no diagnoses |
| "Religious, might be a problem for weekend shifts" | "Schedule: confirmed availability for the posted weekend rotation (asked of all candidates)." | Same question for everyone; any accommodation request goes to HR |
| "Not a culture fit" | "Written communication: 2. Role requires weekly written updates; could not give an example of written reporting." | Name the job requirement and the evidence |
| "Great energy, really liked her" | "Discovery: 4. Asked about budget owner and timeline before pitching; summarized the buyer's problem in one sentence." | Liking someone is not evidence; what they did is |
| "Dressed too casually" | No note. | Appearance is not a competency |
| "Heavy, not sure about the warehouse floor" | "Physical requirements: confirmed they can meet the posted lifting requirement, with or without accommodation (asked of all candidates)." | The EEOC's pre-employment disability guidance permits asking about job functions this way |
| "Kept mentioning his husband" | No note. | Sexual orientation and marital status are not assessed |
| "Will probably leave when spouse relocates" | No note. | Speculation about family plans |
| "LOL the 'Excel wizard' couldn't do a lookup" | "Spreadsheets: 1. In the exercise, could not join the two tabs after a hint; said they usually ask a colleague." | Sarcasm removed; the evidence stays |
| "Reminds me of Jake, who didn't work out" | "Ownership: 2. Both examples described escalating problems without proposing a fix." | Rate this candidate's evidence, not someone else's record |
| "Made $95k at last job, we can go low" | "Expectation: $110–120k base, flexible on bonus (stated)." | Some jurisdictions bar seeking pay history; record the expectation instead |
The physical-requirements row follows the EEOC's guidance on pre-employment disability-related questions, which says employers may ask whether applicants can perform job functions with or without reasonable accommodation. The pay row reflects laws such as California Labor Code section 432.3, which says an employer shall not seek an applicant's salary history. Rules differ by state and city; for how to ask about pay expectations instead, see salary expectation questions.
When the candidate brings it up
Candidates volunteer personal details all the time: a child's school run, a religious holiday, a health condition, a partner's new job. You did not ask, and that is fine. What matters is what happens next.
- Do not write it down. If it helps you remember why a topic came up, write "personal detail shared, not noted" and nothing more.
- Do not ask follow-up questions about it. Acknowledge briefly and return to the job: "Thanks for telling me. Coming back to the project you mentioned…"
- If it touches a stated job requirement, record only the job-related answer: "said the two-trips-a-month travel requirement would not work." Not the reason.
- If they ask for an accommodation for the interview process, pass it to your recruiter or HR. The EEOC's guidance allows limited questions in that situation, and HR should ask them. Your note says only that a request was passed on. Requests for reasonable accommodation are themselves among the records 29 CFR 1602.14 names, so let HR keep that record.
Capturing the rest well, from what to write down to the shorthand that keeps your eyes on the candidate, is covered in how to take interview notes.
A 30-second check before you submit
- Every line describes something the candidate said or did in the interview.
- Nothing refers to age, family, pregnancy, health, disability, religion, national origin, race, color, sex, sexual orientation, gender identity or genetic information, or to words that stand in for them.
- Nothing about appearance.
- No "fit", "energy", "vibe" or "polished" without a named, job-related behavior next to it.
- No guesses about their plans, finances, relationships or health.
- No jokes, nicknames, sarcasm, emojis, or comparisons to other people.
- Quotation marks only around words they actually said.
- Travel, schedule, location and physical requirements are recorded as questions asked of every candidate.
If you find something after you have already submitted, do not quietly edit or delete the record on your own, and never do so once a complaint or legal hold exists. Tell your recruiter or HR and let them decide how to correct it. Before you submit, fixing it is simply good note-taking.
Questions people ask
Can interview notes be used in a discrimination case?
They can be requested. In federal litigation, parties may seek nonprivileged material relevant to a claim or defense, including writings and electronically stored information, and hiring records can fall within that. Write every note assuming someone outside the hiring team may read it.
How long do employers keep interview notes?
Under 29 CFR 1602.14, employers covered by Title VII, the ADA and GINA must generally keep personnel and hiring records for one year from when the record was made or the decision taken, whichever is later, and until final disposition once a charge is filed. State law or company policy may require longer; confirm with HR or counsel.
Is it acceptable to write that a candidate seemed nervous?
Usually leave it out. Nerves are not a competency, and 'nervous' drifts easily into guesses about health. If communication is something you are rating, describe what happened instead, such as short answers to the first question and detailed ones afterwards.
What should I do if a candidate tells me they are pregnant or have a disability?
Do not write it down and do not ask follow-up questions about it. If they ask for an accommodation for the interview process, pass the request to your recruiter or HR, and note only that a request was passed on.
Can I write 'not a culture fit' if I explain it?
Write the explanation and drop the label. If the concern is job-related, it can be named as a behavior the role needs, such as written communication across time zones, and rated with evidence. If it cannot be named that way, it should not be in the notes.