1 Legal/Illegal Interview Questions
IMPORTANT – All settings, including informal gatherings with department members who are not members of the search committee, are
considered to be part of the interview of the candidate. Everyone who will have contact with candidates should be made aware of areas of inquiry
that are not appropriate or illegal questions that should not be asked in order to avoid future complaints.
AREA OF INQUIRY
LEGAL
ILLEGAL
Address/
Housing/Length of
Residence
CAN ASK:
• Place and length of current and previous address (“How long
have you lived in [city]”)?
• For applicant's phone number or how s/he can be reached
IT IS ILLEGAL TO ASK/REQUEST:
• Specific inquiry into foreign addresses that would indicate national
origin
• Names or relationship of persons with whom applicant resides
• Whether applicant rents or owns home
Age
BEFORE HIRING ONLY:
• If a minor, require proof of age in the form of a work permit or
a certificate of age
• If age is a legal requirement, can ask “If hired, can you
furnish proof of age?” or a statement that hire is subject to
verification of age
AFTER HIRING ONLY:
• Require proof of age by birth certificate
IT IS ILLEGAL TO ASK/REQUEST:
• About the age or age group or date of birth of the applicant
• Birth certificate or baptismal record before hiring
• Questions that would tend to identify persons between 40 and 60
years of age.
Ancestry/
Birthplace/ National
Origin
CAN ASK:
•After employment, can you submit a birth certificate or other
proof of U.S. citizenship or other proof of the right to remain in
or work in the U.S.?”
• About foreign language skills (reading, speaking, and/or
writing) if relevant to the job. Be sensitive to cultural
differences
• Do not assume mispronunciation of English as a lack of
education
• Do not interpret silence as inability or unwillingness
Citizenship
CAN ASK:
*Are you legally eligible for employment in the United States:
IT IS ILLEGAL TO ASK/REQUEST
• If an applicant is native-born or naturalized
• The birthplace of applicant
• Questions which identify customs or denomination
• About birthplace of his/her parents, grandparents and/or spouse
or other relatives
• Require applicant submit a birth certificate or naturalization or
baptismal record before employment
• About any other inquiry into national origin (for applicant or his or
her spouse or parents; maiden name of wife or mother) • First
language
• Date of arrival in U.S.
• Port of entry
IT IS ILLEGAL TO ASK/REQUEST
• “Of what country are you a citizen?”
• If native born or naturalized (for applicant or his or her parents or
spouse)
• Proof of citizenship before hiring
• Whether parents and/or spouse is native born or naturalized •
Date of citizenship (for applicant or his or her parents or spouse)
AFTER HIRING ONLY: • Require proof of citizenship
Credit Rating
Criminal Record
(Arrests and
Convictions)
NO questions may be asked regarding credit.
CAN ASK:
*Have you been convicted of a felony, excluding
misdemeanors and summary offenses, which has not been
annulled, expunged or sealed by a court?
You may not ask ANY questions regarding credit.
IT IS ILLEGAL TO ASK/REQUEST
• To inquire about arrests without convictions
• Check into a person’s arrest, court, or conviction record if not
substantially related to functions and responsibilities of the
particular job in question.
• About any involvement in demonstrations
2 AREA OF INQUIRY
Disabilities
Education
Experience
Family/Relatives
LEGAL
ILLEGAL
CAN ASK:
• Whether or not applicant is able to carry out all necessary
job assignments/functions and perform them in a safe manner
“How would you perform this particular task?”
CAN INVITE:
• Applicant to indicate how and to what extent they are
disabled. Employer must indicate to applicants that (1)
compliance with the invitation is voluntary; (2) information is
being sought only to remedy discrimination or provide
opportunities for the disabled; (3) information will be kept
confidential; and (4) refusing to provide information will not
result in adverse treatment.
AN EMPLOYER
The Rehabilitation Act of 1973 forbids employers from asking job
applicants general questions about whether they are disabled or
asking them about the nature and severity of their disabilities. Don’t
ask the applicant about what kind of accommodation(s) he or she
may need until after the interviewer has established that the
applicant is qualified for the job and is considering that person for
employment.
An employer must be prepared to prove that any physical and
mental requirements for a job are due to “business necessity” and
the safe performance of the job. Except in cases where undue
hardship can be proven, employer must make “reasonable
accommodations” for the physical and mental limitations of an
employee or applicant. Includes alteration of duties, alteration of
physical setting, and provision of aids. To exclude disabled
applicants as a class on the basis of their type of disability. (Each
case must be determined on an individual basis by law.)
CAN ASK:
IT IS ILLEGAL TO ASK/REQUEST
• What academic, professional or vocational schools attended
• About language skills such as reading and writing foreign
• Specifically ask the nationality, racial or religious affiliation of
languages
• Office skills
CAN ASK ABOUT:
• Applicant’s work experience, including names and addresses
of previous employers, dates of employment, reasons for
leaving, and salary history
• Other countries visited
CAN ASK:
• Names of applicant’s relatives already employed by Rose.
• Names and addresses of parents or guardian of minor
applicants
AFTER HIRING ONLY:
• To ask name, relationship and address of person to be
notified in case of emergency
Gender
CAN ASK:
Inquiry as to gender or restriction of employment to one’s
gender is permissible only where a bona fide occupational
qualification exists. Burden of proof is on the employer to
prove that the BFOQ does exist and that all members of the
affected class are incapable of performing the job.
CAN INFORM:
• That the institution is an equal opportunity employer
AFTER HIRING ONLY:
• Can ask about gender for affirmative action plan statistics
Health/Physical
Condition
CAN ASK:
* Are you able to perform the essential job functions with or
without accommodations?
schools attended
• To ask how foreign language ability was acquired
IT IS ILLEGAL TO ASK/REQUEST
• Name of a spouse
• Whether or not a spouse is employed
• How much a spouse earns • Whether or not a spouse is subject to
transfer
• Questions about any relative of a candidate
• Names of relatives not working for the institution
• Name or address of any relative of adult applicant, other than
those employed by institution
IT IS ILLEGAL TO ASK/REQUEST
• Anything which would indicate gender unless job related. (Only
such jobs in education would be a full time locker room or restroom
attendant.)
• Gender is not a BFOQ because a job involves physical labor
beyond the capacity of some women, nor can employment be
restricted just because the job is traditionally labeled “men’s work” or
“women’s work”
• Gender cannot be used as a factor for determining whether an
applicant will be satisfied in a particular job
• Avoid questions concerning applicant’s height or weight unless
you can prove they are necessary requirements for the job to be
performed.
May NOT ask
• “Do you have any handicaps?” or questions that divulge handicaps
which do not relate to the job.
• Any questions regarding having received worker’s
Compensation.
3 AREA OF INQUIRY
Interview and
Accommodations
for the disabled
Marital/ Parental
Status
LEGAL
Accommodations for the interview must be provided. Be
careful how applicants with disabilities are evaluated. Do not
make judgments based on communication skills of people with
hearing and speech impairments. To inquire for the purpose of
determining applicant's capability to perform the job. (Burden
of proof for non- discrimination lies with the employer.)
BEFORE HIRING:
• Whether applicant can meet specified work schedules or
if they have activities, commitments, or responsibilities that
may hinder the meeting of work attendance requirements. If
such questions are asked, they must be asked of both
genders.
• Inquiries made to both males and females, as to duration of
stay on job or anticipated absences
AFTER HIRING ONLY: • Married or single status for
insurance and tax purposes. Number and ages of
dependents and age of spouse for insurance and tax
purposes.
ILLEGAL
IT IS ILLEGAL TO ASK/REQUEST
* • About marital status before hiring (married, single, divorced,
engaged, etc.)
• About the number and age of children
• Information on child-care arrangements
• About pregnancy and if applicant plans to have (more) children •
Any question that directly or indirectly results in limitation of job
opportunity in any way