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Illegal
and Legal Questions
Employers should be aware of what questions they can legally ask
in an interview and those that are illegal to ask when conducting
an interview.
Illegal
- National
Origin/Citizenship:
Are you a U.S. citizen?
Where were you/your parents born?
What is your "native tongue?"
- Age:
How old are you?
When did you graduate from college?
What is your birthday?
- Marital/Family
Status:
What's your marital status?
Who do you live with?
Do you plan to have a family? When?
How many kids do you have? What are your child care arrangements?
- Affiliations:
To what clubs or social organizations do you belong?
- Personal:
How tall are you? How much do you weigh?
- Disabilities:
Do you have any disabilities?
Please complete the following medical history. Have you had any
recent or past illnesses or operations? If yes, list and give
dates.
What was the date of your last physical exam?
How's your family's health? When did you lose your eyesight?
- Arrest
Record:
Have you ever been arrested? Have you ever been convicted of _____?
(The
crime should be reasonably related to the performance of the job
in question.
- Military:
If you've been in the military, were you honorably discharged?
Legal
- National
Origin/Citizenship:
Are you authorized to work in the United States?
What languages do you read, speak or write fluently? (This question
is okay, as long as this ability is relevant to the performance
of the job.)
- Age:
Are you over the age of 18?
- Would
you be willing to relocate if necessary? Travel is an important
part of the job. Would you be willing to travel as needed by the
job (This question is okay, as long ALL applicants for the job
are asked it.) This job requires overtime occasionally. Would
you be able and willing to work overtime as necessary? (Again,
this question is okay as long as ALL applicants for the job are
asked it.)
- Affiliations:
Do you belong to any professional or trade groups or other organizations
that you consider relevant to your ability to perform this job?
- Personal:
Are you able to lift a 50-pound weight and carry it 100 yards,
as that is part of the job? (Questions about height and weight
are not acceptable unless minimum standards are essential to the
safe performance of the job.)
- Are
you able to perform the essential functions of this job with or
without reasonable accommodations? (This question is okay if the
interviewer thoroughly described the job.) NOTE: As part of the
hiring process, after a job offer has been made you will be required
to undergo a medical exam. Exam results must be kept strictly
confidential, except medical/safety personnel may be informed
if emergency medical treatment is required, and supervisors may
be informed about necessary job accommodations, based on the exam
results.
- Military:
In what branch of the Armed Forces did you serve? What type of
training or education did you receive in the military?
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