INTERVIEWING GUIDE
The key to understanding unlawful inquiries is to ask only questions that will provide information about the
person’s ability to perform the job being applied for, with or without a reasonable accommodation. Also note that
inquiries which are unlawful to ask a candidate directly may not be asked as part of a pre-offer reference check. This
guide will help you to understand what interviewing questions that employers are allowed or not allowed to ask a
candidate.
Age and Date of Birth
Age based inquiries should be avoided because state law prohibits discrimination against persons age 40 and older.
An age inquiry may be made to ensure a person is “old enough” to work for the job being applied for, or if the job
is among the few where age discrimination is permitted if the job is physically dangerous or hazardous work or
driving a school bus.
Example of Illegal Questions
How old are you?
When is your birthday?
In what year were you born?
In what year did you graduate from college/high
school?
Possible Legal Alternatives
Are you over the age of 18?
Can you, after employment, provide proof of age?
Marital/ Family Status (often alludes to sexual orientation)
The purpose of these “family” inquiries is to explore what some employers believe is a common source of
absenteeism and tardiness. Typically, these questions are asked only of women making the inquiry discriminatory.
Even if such inquiries are made of both men and women, the questions may still be distasteful. Questions of this
nature have been used to discriminate against women since women are deemed to be the primary care givers. If
there are concerns about the applicant/candidates regular work attendance, a better question would be, “Is there
anything that would interfere with regular attendance at work?”
Example of Illegal Questions
Are you married or do you have a permanent partner?
With whom do you live?
How many children do you have?
Are you pregnant?
Do you plan on starting a family? When? How many
children will you have?
What are your child care arrangements?
Possible Legal Alternatives
Would you be willing to relocate if necessary?
Travel is an important part of the job. Do you have any
restrictions on your ability to travel?
Do you have responsibilities or commitments that will
prevent you from meeting specified work schedules?
Do you anticipate any absences from work on a regular
basis? If so, please explain the circumstances.
Personal
Minimum height and weight requirements are unlawful if they screen out a disproportionate number of women or
minorities. Unless a case can be made to justify that a height or weight requirement is essential for job performance,
such inquiries should be avoided. Questions about height and weight are always illegal unless it can be proven that
there are minimum requirements to do the job.
Example of Illegal Questions
How tall are you?
How much do you weigh?
Possible Legal Alternatives
Are you able to lift a 50-pound weight and carry it 100
yards, as that is part of the job?
Disabilities
Inquiries about a person’s disability, health or worker’s compensation history is unlawful if it implies or express a
limitation based on disability. Under the federal Americans with Disabilities Act, any inquiry at the pre-employment
stage, which would likely require an applicant to disclose a disability, is unlawful. Such inquiries or medical
examinations before making a bona fide job offer must be avoided.
Inquires may be made about an applicant’s ability to perform certain job functions and within certain limits, may
conduct tests of all applicants to determine if they can perform essential job functions, with or without an
accommodation.
Example of Illegal Questions
Do you have any disabilities?
Have you had any recent illness or operations?
Please complete this medical questionnaire.
What was the date of your last physical exam?
How's your family's health?
When did you lose your eyesight/ leg/ hearing/ etc.?
Possible Legal Alternatives
Are you able to perform the essential functions of this
job with or without reasonable accommodations? (Legal
if the interviewer thoroughly described the job.)
Will you be able to carry out in a safe manner all job
assignments necessary for this position?
Are you able to lift a 50-pound weight and carry it 100
yards, as that is part of the job?
NB: Medical exams are legal AFTER an offer has been
extended; results should be held strictly confidential
except for reasons of safety.
National Origin/ Citizenship
Inquiries about a person’s citizenship or country of birth are unlawful and imply discrimination on the basis of
national origin. A lawfully immigrated alien may not be discriminated against on the basis of citizenship. The
Immigration Reform and Control Act of 1986 require employers to verify the legal status and right to work of all
new hires. Applicants/candidates should not be asked to state their national origin, but should be asked if they have
a legal right to work in America. Applicants/candidates must be advised that verification of that right must be
submitted after the decision to hire has been made. To satisfy verification requirements, applicants/candidates
should be asked all new hires for documents establishing both identity and work authorization.
Example of Illegal Questions
Where were you/your parents born?
What is your native language?
What is your country of citizenship?
Are you a US citizen?
Possible Legal Alternatives
Do you have any language abilities that would be
helpful in doing this job? (Legal if language ability is
directly relevant to job performance.)
Are you authorized to work in the United States?
Arrest Record
There are laws that prohibits inquiries about past arrest records but permits consideration of a current arrest. If an
applicant is under arrest for an offense that is substantially related to the job, you may suspend judgment until the
case is resolved and advise the applicant to reapply when the charge is resolved, or refuse to employ the applicant. A
current employee who is arrested may be suspended if the charge is substantially related to the job.
It is unlawful to refuse to employ or discharge a person with a conviction record unless the circumstances of the
conviction substantially relate to the circumstances of the job. If an inquiry about convictions is made, a clarifier
should be added, “A conviction will not necessarily disqualify the applicant/candidate from employment. It will be
considered only as it may relate to the job being applied for. Anyone who evaluates conviction record information
should be knowledgeable about how such data may be used.
Example of Illegal Questions
Have you ever been arrested?
Possible Legal Alternatives
Have you ever been convicted of ____ crime? (Legal if
the crime is reasonably relevant to the job; e.g.
embezzlement for a banking job.)
Military Service
It is unlawful to discriminate against someone because of membership in the National Guard, a state defense force
or another state or Federal Reserve unit. Questions relevant to experience or training received in the military or to
determine eligibility for any veteran’s preference required by law are acceptable.
Example of Illegal Questions
What type of discharge did you receive?
Possible Legal Alternatives
In what branch of the Armed Forces did you serve?
What type of training or education did you receive in
the military?
Affiliations
Example of Illegal Questions
What clubs or social organizations do you belong to?
Do you go to church?
Possible Legal Alternatives
List any professional or trade groups or other
organizations that you belong to that you consider
relevant to your ability to perform this job.
Race/Color/Religion
This question may discourage an applicant whose religion prohibits Saturday or Sunday work. If an
applicant/candidate enquires about weekend, it is permissible to indicate that a reasonable effort is made to
accommodate religious beliefs or practices. However, we are not required to make an accommodation if doing so
would create an undue hardship to our operations.
Example of Illegal Questions
All questions are illegal.
Possible Legal Alternatives
Are you available for work on Saturday and Sunday?
Credit or Garnishment Record/Charge Accounts/Homeowner
Answers to these inquiries are almost always irrelevant to job performance. Because census data indicates
minorities, on average, are poorer than whites, consideration of these factors may have a disparate impact on
minorities. Therefore, requests of this nature may be unlawful unless clearly required by business necessity.
Educational Background
It is permissible to inquire about a person’s education; however, only clearly job related education should be
considered in making the hiring decision. Educational requirements that are not necessary for performance of the
job may be unlawful if they adversely impact protected group members. Rather, find a reliable way to determine if
applicants have the skills necessary to function successfully in the job.
Friends or Relatives working for us
This question is not relevant to an applicant’s competence and should be avoided. Since the question implies a
preference for friends or relatives, it may be unlawful if the composition of the present work force is such that this
preference reduces or eliminates employment opportunity for minorities or women. This question may also reflect a
rule that only one partner in a marriage can work for the institution. This tends to have a disproportionate impact
on women.
Honesty Testing Being Done
An applicant may not be required to take a polygraph test and must be informed in writing and orally that the test is
voluntary. Hiring decisions may not be based on polygraph test results, without consideration of other relevant
information obtained independently. You may use only one permitted type of mechanical device that visually,
permanently, and simultaneously records the person’s cardiovascular and respiratory patterns and changes.
Questions must relate to a person’s work performance.
Language Proficiency
Some level of English skill may be necessary for many jobs. But, it is also clear that fluency or absence of an accent
is not relevant for a substantial number of jobs. You must be careful about requiring English language proficiency
and ensure the skill level being sought does not exceed the level required for successful job performance.
Lowest Acceptable Salary
Women generally hold poorer paying jobs than men and are paid less for the same work. As a result of these
practices, a woman might be willing to work for less pay than a man might find acceptable. It is unlawful to pay a
woman less than a man for performing the same or substantially similar work.
Maiden Name, Spouse's Name, Mr., Mrs., Miss. or Ms.
None of these inquiries are relevant to job performance and could be used to discriminate. A woman’s maiden
name or spouse’s name may indicate religion or national origin. Having a person check a box for Mr., Mrs. or Miss
may be an impermissible inquiry with regard to gender or marital status. It is unlawful to discriminate against a
person because of their status of being married, single, divorced, separated, or widowed.
Use or Nonuse of Lawful Products/Do you smoke/Drink Alcohol
A person may not be discriminated against for using or not using “lawful products” off premises during nonworking hours. The law contains some exceptions, but employers generally should avoid inquiries in this area.
AREA OF
INQUIRY
Name
LEGAL
For access purposes
inquiry into whether the
applicant's work records
are under another name.
ILLEGAL
LEGISLATION
To ask if a woman is Miss, Title VII of Civil Rights Act
Mrs. or Ms.
of 1964 as amended by the
Equal Opportunity Act of
To request applicant to
1972.
give maiden name or any
previous name s/he has
Title VII and IX of the
used.
Education Amendments of
1972.
ORC 4112.
Address/Housing To request place and
length of current and
previous address
Age
To ask for applicant's
phone number or how
s/he can be reached.
Require proof of age by
birth certificate, AFTER
HIRING.
Birthplace/
National Origin
Title VII.
ORC 4112.
To ask age or age group of Age Discrimination Act of
applicant.
1967.
To request birth certificate ORC 4112.
or baptismal record before
hiring.
To ask birthplace of
Title VII.
applicant or that of
his/her parents,
ORC 4112.
grandparents and/or
spouse.
Any other inquiry into
national origin.
Race/Color
Gender
To indicate that the
institution is an equal
opportunity employer.
Any inquiry that would
Title VII.
indicate race and/or color.
ORC 4112.
To ask race for affirmative
action plan statistics
AFTER HIRING.
To indicate that the
To ask applicant any
Title VII.
institution is an equal
inquiry which would
Title IX.
opportunity employer.
indicate gender unless job ORC 4112.
related. (Only such jobs in
To ask gender for
education would be a full
affirmative action plan
time locker room or
statistics AFTER
restroom attendant.)
HIRING.
Religion/Creed
Citizenship
To ask applicant's religion Title VII.
or religious customs
and/or holidays.
ORC 4112.
Whether a U.S. citizen.
If no, whether intends to
become one.
If U.S. residence is legal.
If spouse is a citizen.
Require proof of
citizenship AFTER
HIRING.
Marital/Parental Married or single status
Status
only AFTER HIRING for
insurance and tax
purposes.
Relatives
Military Service
To request
recommendations from
church officials.
If native born or
naturalized.
Proof of citizenship
before hiring.
Title VII.
ORC 4112.
Whether parents and/or
spouse is native born or
naturalized.
Date of citizenship.
To ask marital status
before hiring.
Title VII.
Title IX.
To ask the number and
age of children, who cares ORC 4112.
Number and ages of
for them and if applicant
dependents and age of
plans to have more
spouse AFTER HIRING children.
for insurance and tax
purposes.
To ask name, relationship Names of relatives
Title VII.
and address of person to working for the institution
be notified in case of
or district. (Nepotism
Title IX.
emergency AFTER
policies which impact
HIRING.
disparately on one gender ORC 4112.
are illegal under Title IX.)
Inquiry into service in
To request military
Title VII.
U.S. armed forces.
records.
Title IX.
Branch of service and
To ask about military
rank attained.
service of any country
ORC 4112.
other than the U.S.
Any job related
EEOC interpretation on
experience.
Type of discharge.
Title VL.*
Require military discharge
certificate after hiring.
Education
To ask what academic,
Specifically ask the
professional or vocational nationality, racial or
schools attended.
religious affiliation of
schools attended.
To ask about language
skills such as reading and To ask how foreign
writing foreign languages. language ability was
acquired.
Criminal Record To request listing of
To inquire about arrests.
convictions other than
misdemeanors.
References
To request general and
To request references
work references not
specifically from clergy or
relating to race, color,
any other persons who
religion, sex, national
might reflect race, color,
origin or ancestry.
religion, sex, national
origin or ancestry.
Organizations
Photographs
Work Schedules
Physical Data
Handicap
Title VII.
ORC 4112.
Title VII.
ORC 4112.
Title VII.
Title IX.
ORC 4112.
To ask organizational
To request listing of all
Title VII.
membership (professional, clubs applicant belongs to
social, etc.) so long as
or has belonged to.
TITLE IX.
affiliation is not used to
discriminate on the basis
ORC 4112.
of race, sex, national
origin or ancestry.
Offices held, if any.
May be required AFTER
HIRING for
identification purposes.
Request photographs
before hiring.
Title VII.
Title IX.
To take pictures of
applicants during
ORC 4112.
interviews.
To ask willingness to work To ask willingness to work Title VII.
required work schedule. any particular religious
holiday.
ORC 4112.
To ask if applicant has
military reservist
obligations.
To require applicant to
To ask height and weight,
prove ability to do manual impairment or other non
labor, lifting and other
specified job-related
physical requirements.
physical data.
Require a physical
examination.
To inquire for the purpose
of determining applicant's
capability to perform the
job. (Burden of proof for
non-discrimination lies
To exclude handicapped Title IX.
applicants as a class on the
basis of their type of
Handicap Discrimination
handicap. (Each case must Guidelines.
be determined on an
with the employer.)
Other
Qualifications
individual basis by law.)
To inquire about any area Any non job related
that has a direct reflection inquiry that may present
on the job applied for.
information permitting
unlawful discrimination.
ORC 4112.
BEHAVIORAL INTERVIEW QUESTIONS
Behavioral interviewing allows the interviewer to ask open-ended, thought-provoking questions. These questions
engage candidates and require them to give detailed responses about themselves, their performance and conduct in
previous work-related roles and situations. It’s a very effective technique which can reveal what an applicant actually
did, thought, decided, created, and led. An easy way to formulate a behavioral question would be to start the
question with: "Tell me about a time when…."Example: "Tell me about a time when you had to work really hard to
complete a project."
Below are some sample behavioral questions for specific areas that may be used during an interview:
Personal
1. What makes you the best candidate for the position? Why should we hire you?
2. Describe a time when you had to motivate yourself? Why was that necessary?
3. Describe a time when you brought value to your organization. Why was that important and how was it
recognized?
4. Describe how you would assist FIU in fulfilling its mission. (Provide the candidate with a copy of the FIU
Mission Statement)
Service Orientation
1. What is your customer service philosophy?
2. Describe a time when you provided excellent customer service by going above and beyond your primary job
responsibilities. Describe your involvement. What was the final outcome?
3. Tell me about a time when you were faced with a serious customer service problem. How did you resolve
that problem? What was the final outcome?
4. Describe a time when you looked for ways to provide better service for your customers. What was the
situation? What did you say and do that made a difference in delivery of service?
Building Trust
1. Think of a situation where there wasn't a trusting relationship with another co-worker. What did you
specifically do to try to build a more trusting relationship? What was the result?
2. Describe a time when you had to really "walk the talk." How difficult was it? What were the results?
3. Describe a time when you had to go the "extra mile" to gain and develop trust among colleagues, staff or
constituents. What did you learn from your experience?
4. How would you coach someone else on building trust?
Communication
1. Are you a proactive or a reactive communicator? Please explain.
2. Think of a time when you had to be either proactive or reactive in your communication with others. What
was the situation? What was the outcome?
3. Think about a time when you found it necessary to verbally communicate critical information to an
employee or employees. What was the issue? How did you determine the success of that communication?
4. Give me an example of a situation that required you to communicate in writing with an employee or your
supervisor. How did you achieve that communication?
5. Tell me about a time when you had difficulty in communicating with others. What made it difficult? How
did you overcome the difficulties?
6. Describe a specific event in which you had a conflict with a co-worker. Were you able to reach a mutually
beneficial resolution to that conflict?
o
o
If not, why were you and your co-worker unable to reach a mutually beneficial resolution?
If you knew then what you know now, what would you have done differently to either prevent the
conflict, or to resolve the conflict?
Interpersonal Relations
1. Describe the type of people you enjoy working with and the leaders to whom you report.
2. We have a good team-oriented environment. Give me an example of a successful team experience from a
previous job.
3. Give me an example of an unpleasant teamwork experience. How did you manage the situation?
4. Describe a workplace situation in which you had to deal with a difficult customer or co-worker. How did
you deal with it? What were the results?
5. Please tell me about a situation that required you to work closely with someone with whom you disagreed or
had a personality conflict. How did you deal with the issue?
6. Give me an example of when you had the most difficulty communicating with people. Why was it so
difficult?
Project Management/Prioritization & Organization
1. Tell me about a time when you had a lot of work to accomplish in a short time. How did you manage that
situation? What was the result?
2. Think of a time when you had to manage multiple projects and meet certain deadlines and explain the most
difficult part of that situation. How did you deal with it?
3. Think of a time when you had to organize one of your busiest workdays. What was the day like and how did
you organize the day's work?
4. Think of a time when you had both large and small projects to complete. How did you go about setting
priorities and completing those projects? What challenges did that present?
Problem-Solving/Decision Making Skills
1. Give me an example of an important work-related goal you set and tell me about your plans to reach that
goal. What did you learn from this experience? How did the outcome affect others?
2. Describe one of the most difficult problems you faced on the job. What made the problem difficult to
resolve? How did you solve it?
3. What was your most challenging decision in the last six months? What made it challenging?
4. Give me an example of a time when you were faced with a complex work-related matter and you could not
decide on the best course of action. What did you do?
5. What kind of problems have people recently called on you to resolve? Describe your methodology for
resolving the problem.
6. Tell me about a specific work situation when you prevented a problem before it occurred. Why were you
successful in preventing the problem? Describe the lessons learned from your actions.
7. Describe a scenario in which you worked diligently on a project and it did not produce the desired results.
Why didn't you get the desired results? What did you learn from the experience?
Professional/Leadership
1. Please describe the roles and functions of your position.
2. Please describe some of your strengths and weaknesses.
3. Tell me the strengths and weaknesses of your present or previous supervisor.
o How did these strengths of your supervisor compliment your weaknesses?
o How did your strengths compliment your supervisor's weaknesses?
4. What are three of your greatest professional achievements at your current company?
o Describe how these achievements have helped you to grow professionally.
o Describe a time when a particular on-the-job achievement helped you grow professionally.
o Describe how these achievements have helped you to grow personally.
5. Under what style of management do you work well? Under what style of management do you prefer not to
work?
6. Tell me about a time when you had to evaluate someone who wasn't meeting the requirements of the job.
How did you handle that situation? What was the outcome?
7. Please describe in detail a project for which you were responsible, how you carried out the project and what
were the end results?
8. Tell me about a time when you were unable to finish a task because you did not have enough information or
were under-prepared. What problems did it create and how did you overcome them?
9. Tell me about a time when you did not communicate or have enough information to make a decision. How
did it impact the situation? What action did you take to mitigate the possible damage?
10. Describe a time when you had to go above and beyond the call of duty in order to get a job done.
11. Think back to some action you have taken, a policy you influenced, or a program you implemented that
positively impacted the organization. Why did you do so and what was the outcome?
Technology Proficiency
1. Please name the different types of software that you use on a regular basis.
2. What types of software are you interested in learning?
3. Give an example of the time when you had to learn some new software. How did you become proficient in
its use?
4. Please explain the role technology has played in a previous job. How did you feel about that role? What
other technology would have been helpful?
Hiring officials/search committees are encouraged to formulate additional questions relative to their specific area,
goals and objectives.
INTERVIEWING CHECKLIST
To ensure the interviewing/selection process is smooth and successful, Recruitment Services has created a checklist
to assist you. The whole point of an employment interview is to find the best candidate for the position. Use the
tools provided above and this checklist to ensure success.
 Create a list of interview questions and consistently use it for all applicants for the same position.
 Try to first put the applicant at ease with introductory and welcoming remarks.
 Use behavioral interviewing questions rather than simply "yes or no" questions (i.e. have them describe a
work situation in which they handled stress well rather than just asking if they can "handle stress well").
 Listen; don't do all the talking.
 Stay away from illegal interview question and use legal alternatives to obtain basic information.
SAMPLE CANDIDATE REJECTION LETTER
Date
Name of Applicant
Applicant's Address
Dear (Applicant Name):
As you know, we interviewed a number of candidates for the (Name of Job) position, and we have determined
that another candidate is the most qualified for the requirements of our opening. So, the purpose of this letter is
to let you know that you have not been selected for the position and that we have offered the position to another
candidate.
Thank you so much for taking the time to come to Florida International University to meet our team. We
enjoyed meeting you and our discussions.
Please feel free to apply for open positions, for which you qualify on our website www.careers.fiu.edu in the
future.
We wish you every personal and professional success with your job search and in the future. Thank you for
your interest in our organization.
Regards,
Real Person's Name and Signature