Inappropriate Questions and Their Appropriate Counterparts
Subject
Age
Suspect Inquiries
Asking a person’s: Age, Birth date, Dates of
attendance at elementary or high school,
Graduation dates.
Permissible Inquiries
Can you show proof of age upon hire?
Are you at least 18 years of age? If you are not, can you
produce a work permit upon hire?
Questions which tend to identify applicants as 40
years of age or over.
Applicant Referral
Questions inquiring as to the name of the person
who referred the applicant.
How were you referred to this position? (i.e., current
employee, newspaper advertisement, etc.)
Arrest or Criminal Record
Have you ever been arrested?
Have you ever been convicted of a crime? If so, when,
where, and what was the disposition of the case?
Note: An employer cannot use a misdemeanor or felony
convictions as an absolute bar to employment, but can
consider the relationship between a conviction and the
applicant’s fitness for a particular job. Therefore, the
number, nature and gravity, and date (s) of the conviction
(s) can be used to determine whether the applicant is
suitable for the position.
Birthplace or Citizenship
Education
Are you a U.S. citizen?
Are you legally authorized to work in the Unites States?
Birthplace of applicant (or applicant’s
parents/family). Place of birth.
Statement that proof of the applicant’s legal right to work
in the U.S. will be required as a condition of employment.
Questions regarding dates of attendance at
elementary or high school, graduation dates.
Questions regarding extent of education, degree(s)
received, and names of schools attended, where such
requirements are demonstrably related to the job.
Questions regarding ethnic, social, or religious
affiliation of schools attended,
sororities/fraternities, etc.
Spouse’s education.
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P&S Search Process, March 2011
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Subject
Ethnic Background, National
Origin
Suspect Inquiries
Questions requiring applicant to identify national
origin, ancestors, or nationality.
Where languages other than English are relevant to the
job applied for, you may ask:
• What is your first/native language?
• What other languages, other than English, do you
read or write?
Proficiency in speaking, reading, and writing
English (unless job related); other languages
spoken.
Ethnicity, Race
Questions requiring applicant to identify ethnicity,
race, color of skin, hair, or eyes.
Questions requiring applicant to identify attitudes
about working with, supervising, or being
supervised by a person of another race.
Family
Permissible Inquiries
Number of children; Ages of children; Number of
pre-school children; Family plans; Spouse’s
income; Marital status.
• Can you speak, read, or write Spanish?
• Are you authorized to work in the United States?
There are no job-related considerations that would justify
asking an applicant a question based on race or
ethnicity.
Questions as to availability to work should be job-related:
• What hours can you work?
• What shift(s) can you work?
• Can you work on weekends and/or holidays?
Gender
Gender of applicant: Questions regarding
pregnancy, birth control, number and/or ages of
children, child bearing, or child care plans.
Generally, there are no appropriate questions based on
the applicant’s gender during the interview process.
Questions inquiring whether an applicant’s
spouse will allow him/her to travel.
Height or Weight
Questions regarding an individual’s height or
weight.
This job requires you to lift 50 pounds and carry it 100
yards on a frequent basis. Are you able to do this?
Hours of Work/Attendance
Questions regarding number of sick days taken
at previous employer(s).
Questions of ability to work employer’s normal work
hours:
• Are you able to work overtime?
Questions regarding attendance record at previous
employer other than for illness.
University of Northern Iowa, Human Resource Services
P&S Search Process, March 2011
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Subject
Legal Matters
Suspect Inquiries
Carr accidents; Insurance claims; Lawsuits or
legal complaints; Loans; Wage assignments;
Garnishments; Judgments; Bankruptcy; Credit
cards.
Medical History / Genetic
Information
Military Service
Permissible Inquiries
None.
There are no job-related considerations that would justify
asking an applicant a question based on personal or
family medical history or genetic information. An
applicant may disclose medical related information in an
interview; but an interviewer should not ask probing
questions to gain further information.
Questions regarding type of discharge received.
Questions regarding reserve duty obligations.
Question regarding service in foreign military.
Question regarding relevant experience gained during
military service:
• In what branch of the Armed Forces did you serve?
• What type of training or education did you receive in
the military?
Name
What is your maiden name?
Has your name been changed by a court order?
What is your mother’s maiden name?
Have you ever used any other name at school or at any
placed of employment listed on your application?
Is additional information, such as an assumed name,
necessary in order to check job references?
What is your spouse’s name?
Organizations, Activities,
Affiliations
List all organizations, clubs, societies, etc., to
which you belong.
Questions related to political affiliation or union
memberships.
University of Northern Iowa, Human Resource Services
P&S Search Process, March 2011
Do you belong to any professional or trade groups or
other organizations that you consider relevant to your
ability to perform this job?
List all job-related organizations, clubs, or professional
societies to which you belong- you should omit those
which would identify your ethnicity, color, religion,
gender, national origin, age, disability, or sexual
orientation.
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Subject
Suspect Inquiries
Permissible Inquiries
References
Questions directed to applicant’s former
employer(s), or personal references that elicit
information regarding applicant’s race, color,
religion, creed, gender, age, national origin, or
disability.
List those persons willing to provide personal and/or
professional references.
Religion
Applicant’s religion: Any questions which tend to
elicit information about an applicant’s religious
affiliation, such as questions regarding activity in
church groups.
None.
Statement of the employer’s regular working hours, days,
or shifts, and whether the applicant can work this
schedule.
Requirement that applicants include a member of
the clergy as a personal reference.
Qualifications/ Previous Work
Experience
Questions regarding inflated experience
requirements which are not strictly job related.
Questions related to previous experience and/or skills
that are pertinent to the job applied for, names and
addresses of former employers, dates of prior
employment, and reasons for leaving previous
employers.
Questions about an applicant’s ability to perform both
essential and marginal job functions.
(Note: Employers may not refuse to hire an applicant with
a disability who cannot perform a marginal function).
Questions as to whether the applicant can perform a
specific job function, (i.e., Can you lift 50lbs? Can you
drive a truck?, etc.).
Demonstrate or describe a job function and ask applicant
to describe or demonstrate how he/she can perform the
function. (If you ask this of one candidate, you must ask it
University of Northern Iowa, Human Resource Services
P&S Search Process, March 2011
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Subject
Suspect Inquiries
Permissible Inquiries
of all candidates interviewed).
Residence
Do you own or rent your home?
None.
Do you have any foreign residences?
How long have you lived at your present
residence?
Transportation
Ownership of a vehicle.
Do you have reliable transportation?
Form of transportation to work.
University of Northern Iowa, Human Resource Services
P&S Search Process, March 2011
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