Career Services
Legal / I llegal
Interview Questions
For information:
Career Services
103 Administration Building
University of Wisconsin-Stout
Menomonie, WI 54751
715/232-1601 (voice of TTY)
715/232-3595 (fax)
careerservices@uwstout.edu
www.uwstout.edu/careers
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CAREER SERVICES
Learn more at www.uwstout.edu/careers
Legal & Illegal Interview Questions
A prospective employer’s responsibility is to
uphold the principles of non-discrimination and
affirmative action, as well as to identify the most
qualified applicant. It is illegal for employers to
ask questions that are irrelevant to your capability
to perform the job. If an employer asks such
a question you have the following options.
1. You can choose not to answer a question,
and simply state, “I’m sorry, but I don’t see what that
has to do with the position I’m applying for. I would
rather not answer the question.” By selecting this
option, you’ll be within your rights, but you’re also
running the risk of coming off as uncooperative or
confrontational - hardly the words an employer would
use to describe the “ideal” candidate.
2. You are free to answer the question. If you
choose to do so, realize that you are giving information
that is not job-related. You could harm your candidacy
by giving the “wrong” answer.
3. Your third option is to examine the intent behind
the question and respond with an answer as it might
apply to the job. For instance, if the interviewer asks,
“Are you a U.S. citizen?” or “What country are you
from?,” you’ve been asked an illegal question. Instead
of answering the question directly, you could respond,
“I am authorized to work in the United States.” If your
interviewer asks, “Will family obligations interfere with
your ability to travel?” you might answer, “I can meet
the travel and work schedule that this job requires.”
Subject
Legal
Illegal
Age
Birth date
Questions to identify persons over 40
Age
If age is a legal requirement, may ask “If hired, can you
furnish proof of age?
If applicant is younger than the employer’s regular
requirement age
Birthplace/
Citenzenship
All offers of employment are contingent upon verification Nationality, lineage, ancestry, national origin, descent, parentage of
applicant or applicant’s parents or spouse
of identity and work authorization in the United States
How applicant acquired ability to read, write or speak a foreign language
Foreign language skills if relevant to the job
Convictions other than misdemeanors that relate to job
Criminal Record performance
Arrests without convictions
Have you ever been arrested?
Involvement in demonstrations
Disabilities
None are legal
After hiring: Questions relating to job performance
Econonmic
Status
Credit ratings, charge accounts, bank accounts, bankruptcy, ownership
Salary history (but cannot use info to disqualify applicant) or rental of a home or car, length of residence at an address or past
garnishments of wages
Gender/Sex
Permissible only if a bona fide occupational qualification Sex
(BFOQ) exists. Employer must have proof that BFOQ exists. Anything that would indicate the applicants gender unless job related
After hiring: Can ask about gender for affirmative
(e.g. restroom attendant)
action plan statistics
Statement of policy regarding work assignment of
employees who are related
Marital/Parental Anticipated absences from job, freedom to travel if job
Status
requires, or ability to meet work schedule requirements
must be asked to both sexes
General questions about the nature or severity of disabilities
Marital status or number and age of children (may
ask after hiring for insurance and tax purposes)
If pregnant or planning to have children
Childcare arrangements
Relevant knowledge, skills and abilities acquired during
service
Branch of service and rank attained
After hiring: Can require military discharge certificate
Military records
Military service in a foreign country
Type of discharge
Name
Have you ever used another name?
Is any additional information, relative to a change of
name or use of assumed name, necessary to verify
education and work record
Maiden name
If a woman is Miss, Mrs. or Ms.
Marital Status
Organizations/
Activities
Job-related organizations, clubs and professional
associations to which you belong
Offices/positions held
List all organizations, clubs, and lodges to which you belong
Names of organizations that would indicate the race, religion, color,
age, sex or ancestry of the applicant
Photographs
After hiring: May be required for identification purposes
Photographs before hiring (either requirement or request at his/her
option)
To take pictures of applicants during interviews
Physical Data
May ask job-related questions to prove ability to do
manual labor, lifting and other physical requirements
Height and weight, impairment or other non specified job-related
physical data
Race/Color
After hiring: Can ask race for affirmative action plan
statistics
Any inquiry that would indicate race or color
Color of applicant’s hair, skin, eyes
Religion
Employer may advise applicant about normal hours and
days of work required by the job to avoid possible
conflict with religions or other personal convictions
Religion, denomination, affiliation, religious days, holidays
Applicants may not be told that particular religious
groups are required to work on their religious holidays
Residence
Place of residence
Do you own or rent your home?
Do you live alone?
Military
Service
Name