Appendices

Interview Questions to Avoid

INTERVIEW QUESTIONS YOU CAN AND CANNOT ASK

The Uniform Guidelines arising out of Title VII and EEOC legislation insist that the interview be designed on the basis of specific job requirements. Both the content and method of the interview must be developed to reveal accurately and fairly which candidates are most qualified to fulfill the job requirements. Questions related to gender, sexual orientation, age, marital status, color, race, religion, national origin, medical condition, pregnancy, or disability are inappropriate and against the law. In addition, employers must afford each candidate equal treatment in the screening process.

SUBJECT

SUSPECT INQUIRIES

PREFERRED INQUIRIES

Name

Inquiries about the name that would indicate applicant’s lineage, ancestry, nation origin, or descent. Original name of applicant if it has been changed by court order. Male applicant - maiden name of wife.

Have you ever used a different name? Or Is there any additional information relative to change of name, use of an assumed name, or nickname necessary to enable a check on your work and education record? If yes, please explain.

Residence

How long have you lived at your present address? Do you own or rent your home?

Place of residence.

Place of Birth

Birth place of applicant. Requirement that applicant submit birth certificate or baptismal record.

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Age

Age, date of birth, dates of attendance of elementary or high school. Questions that tend to identify applicants over age forty.

Statement that hire is subject to verification that applicant meets legal age requirements.

Religion or Creed

Any inquiry to indicate or identify religion, denomination or customs. Can you work on a certain religious holiday?

Can you work the stated days, hours, or shifts to be worked?

National Origin

Any inquiry which would indicate race or color, such as place of birth of applicant. Request photograph before hiring. Any other inquiry into national origin.

Photograph may be required after hiring for identification purposes.

Birthplace/Citizenship

Birthplace of applicant, parents, grandparents, spouse. “Are you a U.S. citizen” or Requirements that applicant produces naturalization, first papers, or alien card prior to decision to hire.

Could you, after employment, submit verification of your legal right to work in the United States? Statement that such proof may be required after a decision is made to hire the candidate. Inquiry into previous work experience.

Conviction, Arrest, or Court Record

“Have you ever been arrested?” Ask or check into a person's arrest, court or conviction record if not substantially related to functions of employment.

Job-related questions about convictions, except those that have been sealed, expunged, or statutorily eradicated. If you need to know about a criminal record, please contact Human Resources prior to the interview.

Sex, Sexual Orientation, Gender or Marital Status/Family Questions that indicate applicant’s sex, sexual orientation, gender or marital status. Does your spouse have any objection to your working? Spouse's occupation. Number or ages of children or dependents. Provisions for childcare. Questions regarding pregnancy, child bearing, or birth control. Names and address of any relatives, spouse, or children. Inquiries made to males and females alike, as to duration of stay on job or anticipated absences. Statement of BOR policy regarding work assignment of employees who are related. Can you work the stated hours?
     
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