Guidelines to Interview Questions You Can Legally Ask

[Beth n Rod]

Guidelines to Interview Questions You Can Legally Ask

May 1999

- Subject: Age

Acceptable: If hired, can you provide proof that you are at least 18 years of age?

Unacceptable: What is your date of birth? What is your age?

- Subject: Residence

Acceptable: What is your present address?

Unacceptable: Do you own or rent your residence? Give the names and relationships of persons living with you.

- Subject: Photograph

Acceptable: A photograph may be required after hire for identification card or other I.D. purposes.

Unacceptable: Submit a photograph with your application form or after the interview.

- Subject: Education

Acceptable: List your academic, vocational, or professional education and the public and private schools you have attended.

Unacceptable: List the dates you attended or graduated from high school or college.

- Subject: Citizenship

Acceptable: Are you a citizen of the United States? If not, are you prevented from becoming legally employed because of visa or immigration status?

Unacceptable: Of what country are you a citizen? Are you or other members of your family naturalized citizens? If so, when did they become citizens? Do you intend to become a U.S. citizen?

- Subject: National Origin/Ancestry

Acceptable: What languages do you read, speak, or write fluently? (Only if another language is a job requirement.)

Unacceptable: What is your lineage, ancestry, national origin, descent, parentage or nationality? What is your native language?

- Subject: Height and weight

Acceptable: None, unless employer proves that a bona fide occupational qualification is involved.

Unacceptable: What is your height and weight?

- Subject: Arrests and convictions

Acceptable: Have you ever been convicted of a crime? Have you ever committed a crime? Have you ever pled “no contest” to a crime?

Unacceptable: Have you ever been arrested? Have you ever been charged with a crime?

- Subject: Marital or family status

Acceptable: None.

Unacceptable: Are you married? What is your spouse’s name? How many children do you have? Are you pregnant? Do you plan to have children? Do you have reliable daycare?

- Subject: Organizations

Acceptable: List any professional, trade, or service organizations you belong to.

Unacceptable: List all social organizations, clubs, societies, and lodges you belong to.

- Subject: Disabilities

Acceptable: Are you capable of performing the necessary assignments required by this job in a safe manner?

Unacceptable: Are you disabled?

http://newsletter.omniagroup.com/e_article000013109.cfm

[Dave Olson]

Wow! Thanks Beth for posting this information.

I've asked applicants for years over the phone how big they are( height & weight) for years!

Dave Olson

[Beth n Rod]

You're welcome Dave!
Happy hiring!

[Deckcareplus]

How about non-compete clauses and employee agreements...anyone use them?

[Beth n Rod]

Yes. We use both non-compete and non-disclosure agreements.
Beth

[Jon]

Correct me if I am wrong but I believe here in CA a non-compete clause is illegal since it prevents people from making a living in their chosen trade.

Jon

[Beth n Rod]

I would check that state by state. Alot depends on the wording too.

Beth