Entrepreneurs need to avoid asking illegal interview questions in their pre-employment screening.
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The list below defines legal interview questions and illegal interview
questions and serves as good guidance on how to comply with the
law. The questions marked as inadvisable may constitute evidence
of unlawful discrimination. However, be aware that this is not an
exhaustive compilation of all acceptable and inadvisable pre-employment
inquiries.
TOPIC |
ACCEPTABLE |
INADVISABLE |
Arrest Records |
Any inquiry is inadvisable. |
|
Availability for work on
weekends and/or evenings |
If asked of all applicants and it is a business necessity for the person to be available to work weekends and/or evenings. |
Any inquiry about religious observance. |
Birthplace & Residence |
Applicant's place of residence, length of applicant's residence and/or city where employer is located. |
Birthplace of applicant or parents; birth certificate, naturalization or baptismal certificate prior to hiring. |
Child Care |
None, unless asked of all applicants. |
Inquiry into child care arrangements of only female applicants. |
Citizenship |
Whether applicant is prevented from lawfully becoming employed in this country because of visa or immigration status. |
Whether applicant is a U. S. Citizen. |
Conviction Records |
Inquiry into convictions, if job related. |
Any inquiry about conviction, unrelated to job requirements. |
Creed or Religion |
None, except where religion is a bona fide occupational qualification. |
Applicant's religious affiliation, church, parish or religious holidays observed. |
Credit Records |
None, unless job related. |
Inquiries about charge accounts, bank accounts, etc. |
Family Status |
Whether applicant has responsibilities or commitments which prevent him/her from meeting work schedules, if asked of all applicants, regardless of sex. |
Marital status, number and ages of children, spouse's job. |
Handicap |
Whether applicant can perform job in question. |
To ask applicant to list or describe his/her handicap(s). |
Height & Weight |
None, unless job related. |
Any inquiry unrelated to job requirements. |
Language |
Languages applicant speaks or writes fluently. |
Applicant's mother tongue, used by applicant at home, or how applicant acquired the ability to read, write, or speak a foreign language. |
Marital Status |
Any inquiry is inadvisable. |
|
Military Service |
Military experience or training. |
Type or condition of discharge. |
Name |
Whether applicant has worked under a different name. |
The original name of an applicant whose name has been legally changed or the national origin of an applicant's name. |
National Origin |
None, except whether applicant is legally eligible to work in the United States. |
Applicant's lineage, ancestry, national origin, descent, parentage, or nationality of applicant, or applicant's parent or spouse. |
Organizations |
Applicant's membership in professional organizations, if job related. |
All clubs, social fraternities, societies, lodges or organizations of which applicant belongs. |
Photographs |
None, except after hiring. |
Photograph with application or after interview, but before hiring. |
Pregnancy |
Any inquiry is inadvisable. |
|
Race or Color |
Any inquiry is inadvisable. |
|
References |
Name of character references. |
Name of applicant's pastor or religious leader. |
Age |
Are you over 16, 18 or 21, etc. |
Date of Birth. |
Sex |
None, except where sex is a bona fide occupational qualification. |
Any inquiry, except where it is a bona fide occupational qualification. |
Learn what questions you can and cannot ask during interviews.
Make sure all of your employees and your recruiters are well-trained
in asking appropriate interview questions. Double check that any
application forms for employment do not ask any illegal interview
questions.
If you are an ambitious entrepreneur or an aspiring executive
looking to get involved with a startup, please take the time to
learn more about Gaebler Ventures.
