Interviews: the Forbidden Questions

Time constraints may not be the only factor that stops an employer from asking questions, there are also the Federal and State laws to uphold. So before a claim for discrimination is made on your company, it is important to be informed about the ‘forbidden questions’.

Age
Inquiries of age or date of birth is only applicable when ensuring that the potential employee is old enough to work, or when the work is legally interrelated to age such as operating a motor-vehicle.  Even then, it is advised to reword the question so that it is a legal alternative.

For example: Are you over the age of 18?

Color/Race/Religion/Citizenship
Since the installment of Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin; all employers are prohibited from questioning a potential candidate on their color/race/religion/citizenship. This includes the candidate’s affiliation with non-professional or non-job related organizations.

However, some acceptable questions are: Do you have legal right to work in the United States? Are you available for work on Saturday and Sunday?

Arrest Record
It is unlawful to inquire about past arrest records, unless there is a current arrest that is related to the circumstances of the job. Instead of generalizing the question to embody all arrests such as, ‘have you ever been arrested?’ Reword it so it is in affiliation with the candidate’s position: have you ever been convicted of a crime pertaining to ______ (banking, working the cashier, etc)?

Sex/Marital/Family Status
Many employers feel the need to make “family” inquiries due to concern with regular work attendance. Instead of asking, ‘are you married?’ or ‘how many children do you have?’ a better approach would be to ask if s/he has responsibilities or commitments that will prevent him or her from meeting specified work schedules.

Disabilities
The Americans with Disabilities Act forbids any inquiry on the applicant’s disability, health, or worker’s compensation history during the pre-employment stage. To directly ask questions such as, ‘have you had any recent illness or operations?’ is illegal but questions’ pertaining to the applicant’s ability to perform essential job functions, with or without accommodation, is allowed. If the job requires some heavy lifting, a general question often used is: Are you able to lift a 50-pound weight and carry it 100 yards?

Military Service
Unless the question is relevant to the experience of training by the National Guard, a State defense force, or Federal Reserve Unit, it is unlawful to discriminate against the military faction. One acceptable legal alternative is: what type of training or education did you receive in the military?