 |
 |
  |
|
|
|
|
Illegal Interview Questions
| On
the current climate of litigation, it is important to remember you cannot
ask many of the questions you were once able to ask. Most federal, state
and local laws regulate the questions you may ask. It is very important as
employers and HR representatives that you avoid legal trouble by asking
the proper questions. In many cases, you may be able to obtain the
information you need by asking the question in another way.
The chart below lists some examples of the
illegal questions and their legal alternatives. |
| Subject | Illegal Questions | Legal Questions |
| National Origin/Citizenship | Are you a U.S. citizen?
Where were you/your parents born? What is your "native tongue"? |
Are you authorized to work in the
United States?
What languages do you read, speak or write
fluently?
|
| Age | How old are you?
When did you graduate from college? What is your birthday? |
Are you over the age of 18?
|
| Marital/Family Status | What's your marital status?
Who do you live with? Do you plan to have a family? When? How many kids do you have? What are your child care arrangements? |
Would you be willing to relocate
if necessary?
Travel is an important part of the job. Would
you be willing to travel as needed by the job? Occasionally this job requires overtime. Would
you be able and willing to work extra hours as necessary? |
| Affiliations | To what clubs or social organizations do you belong? | Do you belong to any professional or trade groups or other organizations that you consider relevant to your ability to perform this job? |
| Personal | How tall are you?
How much do you weigh? |
Are you able to lift a 50-pound weight and carry it 100 yards, as that is part of the job? (Questions about height and weight are not acceptable unless minimum standards are essential to the safe performance of the job.) |
| Disabilities | Do you have any disabilities?
Please complete the following medical history. Have you had any recent or past illnesses or operations? If yes, list and give dates. What was the date of your last physical exam? What is your family's health history? When did you lose your eyesight? |
Are you able to perform the
essential functions of this job with or without reasonable accommodations? (This question is okay as long as you have thoroughly described the job to the applicant.) Note: As part of the hiring process, only after a job offer has been made you will be able to have your applicant undergo a medical exam. Exam results must be kept strictly confidential. Only medical/safety personnel may be informed of the results and only when emergency medical treatment is required. Supervisors may be informed about necessary job accommodations, based on the exam results.
|
| Arrest Record | Have you ever been arrested? | Have you ever been convicted of a
crime? (The crime should be reasonably related to the performance of the job in question.) |
| Military | If you've been in the military, were you honorably discharged? | In what branch of the Armed
Forces did you serve?
What type of training or education did you receive in the military? |
As always, this information is to be used as a guideline and is in no way to be construed as legal advice. Please be sure to consult your legal department to be sure that your specific questions are correct for your situation.