Legal and Illegal Interview Questions

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.