Employers may ask questions to obtain information pertinent to the position, as long as the questions do not solicit information that can be used to discriminate against individuals. Interview questions, as well as other aspects of the hiring process, must be applied in a consistent and standardized manner to all applicants. Questions are to be limited to assessing competencies necessary to perform the functions of the position. The table below provides guidance on appropriate questions:
Topic |
Can Ask |
Cannot Ask |
Employment |
Any question related to education, experience, strengths and weaknesses, promotions, accomplishments, current salary, salary requirements, reasons for leaving a position. |
None |
Age |
No acceptable pre-employment inquiries. (The exception, as always, is when you can prove that age is a bona fide occupational qualification — i.e., is necessary to perform the job, usually difficult or impossible to prove. |
Any question designed to discover someone's age. |
Arrest Record |
No acceptable pre-employment inquiries. (Law enforcement agencies are exempt from this restriction) |
Any inquiry relating to arrests since, under our judicial system, you are presumed innocent until proven guilty. |
Availability for Saturday or Sunday Work (pertaining to religious discrimination) |
Although you may want to know about an applicant's availability for Saturday or Sunday work, the answer may not do you any good since even when an applicant's religious observance makes him or her unavailable for weekend shifts, this fact cannot be used in any hiring decision. Title VII requires employers to make "reasonable accommodation" even for a "prospective employee's religious observance", unless it causes "undue hardship". If you decide to ask, let the
applicant know that a reasonable effort will be
made to accommodate any religious needs
should he or she be hired. |
Any question about religious observance. |
Availability for Weekend or Evening Work (pertaining to sex discrimination) |
Inquiries about an applicant's availability for evening and/or weekend work provided that the inquiry is made of both male and female applicants and provided that the person now doing the job works evenings and/or weekends, or that a definite change in schedule is being implemented. |
Asking this question because you think you'll want the person to work evenings or weekends. (Reason: Question is likely to have a discriminatory impact on applicants with families - particularly women.)
|
Citizenship |
Whether the applicant is prevented from lawfully becoming employed in this country because of visa or immigration status. Whether applicant can show proof of citizenship, visa, or alien registration number after being hired. |
Whether applicant is a citizen. Any requirement that the applicant present birth, naturalization, or baptismal certificate before being hired. |
Convictions |
It is all right to inquire about an applicant's conviction record for "security sensitive" jobs, since it has been shown that people with high conviction rates are poor risks for these jobs. "Security sensitive" jobs include not only the obvious - treasurer, cashier, etc. — but peripheral positions as well -janitor, typist, trucker or other jobs where the employee would be working near a security sensitive area. |
Questions about conviction unrelated to job requirements - e.g., inquiries about gambling arrests for the job of transportation worker. |
Credit Inquiries |
No acceptable pre-employment inquiries unless job related. |
Inquiries about charge accounts, bank accounts, etc. |
Education |
If the individual has the specific education or training required for the specific job. |
General questions about high school or college degrees unless you (or your supervisors) can prove the educational degree inquired about is necessary to perform the job |
Family Status |
Whether applicant has any activities, commitments, or responsibilities that might prevent him or her from meeting work schedules or attendance requirements. NOTE: These questions must be asked of both men and women or of neither. |
Whether the applicant is married or single, number and age of children. Asking only women about child- care arrangements. |
Financial Status |
No acceptable pre-employment inquiries. |
Inquiries about an applicant's financial condition, home or car ownership (unless owning a car is required for the job) have been found to result in discrimination against minorities since more non-whites than whites are below the poverty level. |
Disabilities |
Are you able to perform the essential functions of the job with reasonable accommodation? (Provide applicant with a job description.) |
General inquiries - e.g., "Do you have any disabilities?" - that might reveal disabilities not related to ability to perform a specific job. |
|
Height and Weight |
Inquiries about ability to perform the job (without mentioning the person's height or weight). Protects those of Spanish, Asian background and women. |
Any inquiry about height or weight not based on the actual job requirements, in which case you or your superiors must be able to prove that a specific minimum or maximum height or weight is required to perform the job. |
Marital Status |
No acceptable pre-employment inquiries. |
Whether the applicant is married, single, divorced, separated, engaged, widowed. |
Military |
Inquiries about education, training or work experience gained in U.S. armed forces. |
Type or condition of military discharge. Experience in other than U.S. armed forces. Request for discharge papers. |
National
Origin |
Inquiries into applicant's ability to read, write and speak English or foreign languages when required for a specific job. |
Questions about applicant's lineage, ancestry, national origin, descent, place of birth or mother tongue, national origin of applicant's parents or spouse. How applicant acquired ability to read, write or speak a foreign language. |
Organization |
Inquiries about membership in professional organizations related to the job — e.g., does the applicant for a chemical engineering job belong to a chemical engineering society? |
Questions about organizations whose name or character indicates members' economic or social class, race, color, creed, sex, marital status, religion or national origin (e.g., country clubs, social clubs, religious clubs, fraternal orders.) |
Personal
Information |
Whether the applicant has ever worked for
your organization under the current name or
another name. Names of character
references. |
General inquiries about
change of name through
court application or
marriage. |
Pregnancy |
Inquiries about the applicant's anticipated
duration of stay on the job or anticipated
absences - only if made to both male and
female applicants. |
Any question relating to
pregnancy or medical
history concerning
pregnancy.
NOTE: The EEOC has
ruled that to refuse to hire
a female solely because
she is pregnant amounts to
sex discrimination. |
Race or Color |
No acceptable pre-employment inquiries |
Any questions about race
or color. |
|
Relatives |
Name of applicant's relatives already
employed by our organization or competitor.
(This inquiry becomes unlawful when hiring
preference is given to relatives of employees
at a time when minorities are under-
represented in our organization's work force. |
Requests for the names
and addresses of any
relatives other than those
working for your
organization. |
Religion or
Creed |
No acceptable pre-employment inquiries. |
Questions about
applicant's religious
denomination, religious
affiliation, church, pastor,
or religious holidays
observed. |
Residence |
Inquiries about the applicant's address needed
for future contact with the applicant. |
Whether the applicant
owns or rents own home
(denotes economic class).
Names and relationship of
persons with whom the
applicant resides. |
Sex |
No acceptable pre-employment inquiries. |
No acceptable inquiries. |
