When interviewing and representing an employer it's important for interviewers to "think before they ask".
Interviewers must ask themselves the following questions prior to interviewing for an internship or a job:
- Is the question legal?
- Is the question legal, is it appropriate?
- When in doubt, don't ask. Focus on more job related information.
If a candidate volunteers information that is not job related, the interviewer may decide to cautiously follow their lead but it's important to understand that they do not ask any illegal questions or let the information the candidate offered not cloud their judgement or affect their decision in the hiring process.
Pre-employment Inquiries:
Anti-discrimination laws protect applicants from having to answer questions that directly or indirectly relate to race, religion, color, national origin, sex, age, disability, or marital status.
1. Age
Employers may ask: Are you under the age of 18? Emloyers may ask applicants if they meet the minimum age requirement and that proof will be required if hired to do the job.
Employers may not ask:
When were you born?
How old are you?
What is your date of birth?
An interviewer cannot require an applicant to submit proof of age in the form of a birth certificate, naturalization papers, baptismal record, or any other question that may tend to identify an applicant over the age of 40.
2. Ancestry or Natural Origin
Employers may ask about current place of residence or length of time living in a particular city.
Employers legally cannot ask any questions related to ancestry or natural origin.
Employers may not ask:
What is your native language?
What is your ancestry or natural origin?
Specific inquiries into foreign addresses that would indicate birthplace, national origin or nationality of applicant or applicant's family or spouse are off limits to employers.
3. Citizenship
Employers may ask:
An employer may inquire if the applicant is eligible to work in the United States.
Employers may not ask:
Are you a U.S. citizen?
Do you intend to become a U.S. citizen?
Are your parents, wife, or husband a U.S. citizen?
When did you become a U.S. citizen?
Interviewers cannot ask any questions of an applicant that pertains to citizenship or if the applicant plans on becoming a US citizen. Questions regarding birthplace of applicant or other close relatives is also prohibited.
No questions can be asked if an applicant or applicant's family are naturalized or native-born citizens. Naturalization papers cannot be required from the applicant.
4. Criminal Record
Employers may ask:
Have you ever been convicted of a crime?
Employers may not ask:
Have you ever been arrested?
5. Disability
Employers can ask if the candidate has the ability to perform the job-related functions of the position.
Employers may not ask any questions about disabilities.
Do you have a handicap?
Are you disabled?
Have you ever collected disability/workers' compensation benefits?
6. Marital Status, Dependents, or Questions on Pregnancy Issues
Employers can not ask any questions on marital status or dependents.
Employers may not ask:
What is your marital status?
Do you have any children?
Do you have childcare needs?
Employers cannot ask any questions concerning pregnancy, birth control, or capacity to reproduce.
7. Military
Employers may ask:
Are you a U.S. veteran?
What is your military history?
Employers may not ask:
Are you collecting a service-connected disability pension?
8. Race, Color, or Physical Features
Employers may not ask any questions about race.
Employers may not ask:
What is your race/color?
Photos cannot be required in the application process.
Applicant's do not have to answer questions on their height or weight unless it's relevant to the job.
Are you a member of a minority group?
9. Relatives
Employers cannot ask any questions about relatives - parents, siblings, husband, children.
Employers many not ask:
Where does your mother, father or any other relative work or conduct business?
10. Religion
Employers may not ask any questions regarding religion.
Employers may not ask:
What religious holidays do you observe?
11. Sex or Sexual Preference
Employers may not ask any questions pertaining to sex or sexual orientation, including, "What is your sex"?
12. Education
Employers can ask the applicant about their academic or vocational education.Employers can inquire as to the applicant's academic, vocational or profession education and the public and private schools attended.
Employers can ask about any licenses and certifications for the job.
Employers cannot ask the applicant the last dated they attended high school (reflects age).
