13 Illegal and Legal Interview Questions:
September 22, 2011 
20 Comments
1. Age Inappropriate:
- How old are you?
- What year were you born?
- When did you graduate from high school?
Appropriate:
- Before hiring, asking if you are over the minimum age for the hours or working conditions.
- After hiring, verifying same with a birth certificate or other ID, and asking age on insurance forms.
2.Citizenship Inappropriate:
- Are you a citizen of the US?
- Are your parents or spouse citizens of the US?
- On what dates did you , your parents or your spouse acquire US Citizenship?
- Are you, your parents or your spouse naturalized or native-born US citizens?
Appropriate:
- If you are not a US citizen, do you have the legal right to remain permanently in the US?
- What is your visa status (if no to the previous question).
- Are you able to provide proof of employment eligibility upon hire?
3.Criminal Record Inappropriate:
- Have you ever been arrested?
- Have you ever spent a night in jail?
Appropriate:
- Have you ever been convicted of a crime?
4.Disability Inappropriate:
- Do you have any disabilities?
- What’s your medical history?
- How does your condition affect your abilities?
Appropriate:
- Can you perform the specific duties of the job.
- After hiring, ask about medical history on insurance forms.
5.Family Inappropriate:
- Questions concerning spouse, or spouse’s employment, salary, arrangements, or dependents.
- What kind of child care arrangements have you made?
- How will your spouse feel about the amount of time you will be traveling if you get this job?
Appropriate:
- Can you work overtime?
- Is there any reason you can’t start at 7:30am?
- Whether an applicant can meet specified work schedules or has activities or commitments that may prevent him or her from meeting attendance requirements.
6.Marital Status Inappropriate:
- Are you married, divorced, separated, engaged, widowed, etc?
- Is this your maiden or married name?
- What is the name of your relative/spouse/children?
- Do you live with your parents?
Appropriate:
- After hiring, marital status on tax and insurance forms.
7.Military Inappropriate:
- What type or condition is your military discharge?
- Can you supply your discharge papers?
- What is your experience in other than US armed forces?
Appropriate:
- Describe the relevant work experience as it relates to this position that you acquired from a US armed forces.
- 8.National Origin Inappropriate
- What is your nationality?
- Where were you born?
- Where are your parents from?
- What’s your heritage?
- What is your mother tongue?
- How did you acquire the ability to speak, read or write a foreign language?
- How did you acquire familiarity with a foreign country?
- What language is spoken in your home?
Appropriate:
- Verifying legal U.S. residence or work visa status.
- What languages do you speak, read or write fluently?
9.Parental Status Inappropriate:
- How many kids do you have?
- Do you plan to have children?
- How old are your children?
- Are you pregnant?
Appropriate:
- After hiring, asking for dependent information on tax and insurance forms.
10.Race or Skin Color Inappropriate:
- What race are you?
- Are you a member of a minority group?
Appropriate:
- None
11.Religion or Creed Inappropriate:
- What is your religious affiliation?
- Which religious holidays will you be taking off from work?
- Do you attend church regularly?
Appropriate:
- Can you work on Saturdays?
12.Residence Inappropriate:
- Do you own or rent your home?
- Do you live in town?
- With whom do you live?
Appropriate:
- Inquiries about the address to facilitate contact with the applicant.
- Will you be able to start work at 8:00am?
13.Sex Inappropriate:
- Do you wish to be addressed as Mr., Mrs., Miss, or Ms.?
- What are your plans to have children in the future?
Appropriate: None
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This needs to be hung on a big poster in all HR offices. I’ve been asked many of the inappropriate questions.
I agree Tony! I bet many people are asked the inappropriate questions on a daily basis. You really have to think about if you would be comfortable or content working in such an organization.
Karla Campos recently posted..Top 15 Boost-Your-Memory Brain Exercises
What a slippery slope. Even casual conversation uses these types of questions so it would be easy to accidenally say the wrong thing. HR people should post this where they can see it every day.
Very good reminders!
I don’t interview potential employees, but there are so many points in this article that can be applied to my life. The way you say things makes all the difference in the world!
Great post! So what if you’re asked one of those inappropriate questions?
Yeh,Alison that question remains. It’s all on us to decide what the intention of the HR Manager behind asking these type of questions.
Jack bernard recently posted..How to find a job?
Well put and formulated. However, it is not just the HR professional who can benefit of course. Forwarned with this knowledge, you can steer an intewrview back on track.
Some of these illegal questions shock me. How many kids do you have? Are you kidding me? But I guess we live in a world of not offending someone by asking innocent questions, and sue them if they do. Thanks for the heads up…If these questions were on a test I may have failed.
I am not able to drive but can travel with a colleague. When asked are you able to drive, is it is likely if a mandatory requirement for the postion. But I have had a recruiter ask why are you not able to drive.
I reply that that can be answered at the time of hiring; otherwise I would be divulging my medical condition or negative driving record, if I have had any tickets or been involved in any accidents.
The Equal Employment Opportunity Commission also published a list of unlawful questions which every interviewer should keep at his/her fingertips. Most HR professionals know what not to ask; most line managers and supervisors don’t.
Judith Marshall
President
Human Resources Consulting Services
Ya, its perfectly fine with the questions. But being a HR professional knowingly or unknowingly people required to ask few of these questions while interviewing the candidate.
It totally depends on the requirement and nature of job.
This is a thought provoking and string. Unfortunately it begins with a totally wrong premise. It is not illegal to ASK any of the listed questions. It is illegal to use the answers to those, and many other questions, to make an employment decision. It is misunderstandings like this that can spur on the spurious litigious reactions that we all end up paying for. To prohibit your asking of any questions is an infringement on your First Amendment Right to Free Speech.
Actually, I believe the U.S. EEOC would frown on asking someone the crime question in an interview. The EEOC considers a “blanket ban” on employment based on criminal record to be inherently discriminatory against certain groups. The safest route is to wait until an offer is pending. Then if a records check raises issues, consider how long ago the crime was, whether legal obligations have been met, and whether the crime directly relates to the job. The best scientific evidence is that after four years, an ex-offender is no more likely to commit a crime than anyone else, and more than 90% of crimes are committed by people with no prior record.
I presume the appropriate & inappropriate questioning only applies to interviews and not employment applications?
Then there was the online application that included
When did you begin high school?
The application would not continue without answering that question.
I had interview with State of Arizona CPS ..they asked me how I raised my children and how it compares to other parents..
I don’t have any children!
Really good questions..
Many of these questions have been popped up in my interviews.
One definitely feels offended with such questions.