This summary of questions and topics permitted and not permitted when interviewing applicants is provided as a guideline to be used in the interviewing process. The list was compiled from information provided by the Society for Human Resources Management (SHRM).
Age |
If state child protective and safety laws apply, you may ask if the applicant is over that minimum age. “Are you over age 18?”
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No other questions or inquiries are permitted, such as: “How old are you?” |
Birthplace |
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About birthplace; birthplace of spouse, parents or other relatives. |
Citizenship
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“Do you have the legal right to work in the United States and do you have documentation of that right?” |
“Are you a U.S. citizen?”
“In what country do you have citizenship?”
“Are you a naturalized U.S. citizen?”
“When did you become a citizen?” |
Criminal history
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“Were you ever convicted of a felony?” (This question can be asked only if the inquiry is job-related and there is a significant business necessity.) |
“Were you ever arrested? If so, when, where, and what was the disposition?”
“How many traffic tickets have you received?” |
Disability/handicap |
“Here are the job requirements of the position. Is there any reason that you cannot perform all the activities of the job?” |
“Do you have a disability?”
“Have you filed any workers' compensation claims?”
“Have you been treated for any of the following diseases? ” (for example, AIDS)
“Have you had recent or past surgeries or past medical problems?” |
Education |
About academic, vocational or professional education or public or private schools attended. |
“Did your parents pay for your education?”
“When did you attend college?” (Dates may provide information about applicant's age.) |
Experience
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About applicant’s work history, experience, strengths and weaknesses.
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Language |
“What foreign languages do you read fluently? Write fluently? Speak fluently?”
“Do you speak and write English fluently?” (Only if job-related.) |
“How did you learn to speak (foreign language)?”
“Do you speak (foreign language) at home?”
“How did you acquire the ability to speak (foreign language)?” |
Marital status
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About marital status, living arrangements, spouse’s occupation, children, child care arrangements.
“Do you have children?”
“What are your child care arrangements?” |
Military experience |
This area is not clear because some case law has found that using military service or type of discharge may have a disparate impact upon minority servicemen. (It is advisable to use military service as work experience.) |
General questions about the applicant’s military experience. |
Name
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“Have you changed your name?” “What is your maiden name?” “Have you ever worked under another name?” |
National origin
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About lineage, ancestry, national origin, descent, parentage, nationality or nationality of parents or spouse.
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Organizations |
“Are you a member of any professional organization that is relevant to the position for which you are applying?” |
About the clubs, societies, and organizations of which the applicant is a member. |
Photograph |
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An applicant may not be asked to affix a photograph to an application or a resume at any time before actual employment. |
Race or color |
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About complexion or color of skin
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Relatives
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“Do you have any relatives employed by the company?” |
Names, addresses, ages, number or other information concerning children or other relatives not employed by the company. |
Religion or creed |
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About religious denomination, religious affiliation, church, synagogue, parish, pastor, rabbi or religious holidays observed. |
Sex
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No questions or inquiries are permitted. |
Smoking |
(Depending on State Law…)
“Our smoking policy is ______. Can you adhere to it?” |
“Do you smoke?” |
Updated October 27, 2007
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