The following will assist you in developing interview questions and other pre-employment inquiries in legal accordance with federal law. Additional considerations may exist in your state. Contact your Human Rights Department or Attorney General's office for more information.
In all situations, whether or not covered by the examples shown here, pre-employment inquiries must be job-related. Every selection procedure used to make an employment decision, written or oral, must be for purposes of determining the applicant's ability to perform the specific job for which he/she is being interviewed. Any requests for information or administration of tests that have no relationship to the job and/or that cannot be substantiated as being a valid measure of the applicant's ability to perform the job, should be avoided.
You will notice references below to bona fide occupational qualifications . Here is the Department of Labor's definition: "A Bona Fide Occupational Qualification (BFOQ) means that an employment decision or request based on age, sex, national origin or religion is based on a finding that such characteristic is necessary to the individual's ability to perform the job in question. Since a BFOQ is an exception to the general prohibition against discrimination on the basis of age, sex, national origin or religion, it must be interpreted narrowly in accordance with the Equal Employment Opportunity Commission regulations set forth at 29 CFR parts 1604, 1605 and 1627."
Below is a guide to assist in the proper use of pre-employment inquiries:
Acceptable - Other names under which the applicant has worked in order to check education or employment records or references, if it is a standard practice to check references.
Unacceptable - Maiden name of female applicant.
Acceptable - Only when related to a bona fide occupational qualification.
Unacceptable - Spouse's name. Sex of applicant; marital status of applicant or child care arrangement; family planning or pregnancy status unless related to a bona fide occupational qualification.
Acceptable - If a minor, requirement that applicant state his/her age and submit proof thereof in the form of a certificate of age or work permit.
Unacceptable - Except for the above, requirement that applicant state his/her date of birth.
Acceptable - Only when related to a bona fide occupational qualification.
Unacceptable - Any inquiry into height and/or weight of applicant unless a bona fide occupational qualification.
Acceptable - Inquiries regarding applicant's ability to perform both essential and marginal job-related functions; statement by employer that offer may be made contingent upon passing a physical examination.
Unacceptable - Prior to conditional offer of employment, questions about applicant's disability or about the nature of severity of a disability; questions about an applicant's worker's compensation history or medical data.
Acceptable - Only when related to a bona fide occupational qualification.
Unacceptable - Complexion; color of skin, eyes, hair, etc. or other questions directly or indirectly indicating race or color unless related to a bona fide occupational qualification.
Acceptable - An applicant may be advised concerning normal work hours and days of work required by the job to avoid possible conflict with religious or other personal convictions.
Unacceptable - Applicants may not be told that
employees are required to work on religious holidays which are
observed as days of complete prayer by members of their specific
faith. Inquiries into religious denomination.
Any inquiry into the applicant's observance of religious
holidays.
Acceptable - Varies by state.
Unacceptable - At least nine states have protective laws prohibiting discrimination based on sexual preference. Check with your state Human Rights Department or Attorney General's office.
Acceptable - Statements by employer of special demands such as hours or shift to be worked, travel, overtime, and frequency these might be required.
Unacceptable - Any inquiry as to applicant's ability to meet special demands of job that are non-job related, i.e. re: children, child care, means of transportation, etc.
Acceptable - Any inquiry regarding education, licenses/certificates, and degrees related to the position sought; schools attended.
Unacceptable - Any inquiry asking specifically the nationality, racial or religious affiliation of a school.
Acceptable - Inquiry into work experience (Applicant must be given the opportunity to explain any adverse reports received from previous employers.)
Unacceptable - None, as long as the inquiry is directly related to actual work experience.
Acceptable - Military experience, and duties performed while serving in the Armed Forces of the United States (May ask dates of service, but cannot require an answer).
Unacceptable - National Guard or Reserve Unit status.
Military service records.
Applicants whereabouts in 1914-18, 1941-45, or 1959-53.
Type and date of discharge.
Acceptable - Only when related to a bona fide occupational qualification.
Unacceptable - Applicant's credit record (charge accounts, bankruptcy history, garnishments, or loans outstanding); or whether applicant owns a car, home, etc.
Acceptable - Current address and length or residence in state.
Unacceptable - Do you own or rent your home?
Birthplace of applicant, parents, spouse, or other relatives.
Requirement that applicant submit birth certificate,
naturalization or baptismal record.
Acceptable - Statement that proof of right to work in U.S. will be required after employment.
Unacceptable - Are you a U.S. citizen?
Whether applicant or his/her parents or spouse are naturalized
or native born U.S. citizens.
Any and all inquiries into whether applicant intends to become a
citizen of the U.S. or any other inquiry related to the aspect of
citizenship.
Acceptable - Has applicant ever held a security clearance; if so, level and date.
Unacceptable - Employment is contingent upon applicant being able to get security clearance.
Acceptable - The language applicant speaks, reads or writes fluently (if related to the job).
Unacceptable - Language applicant reads, speaks or
writes fluently, unless required to perform the job.
How applicant acquired ability to read, write or speak a foreign
language.
Language commonly used by applicant or in applicant's home
(Mother tongue).
Acceptable - Name and address of person to be notified in case of emergency.
Unacceptable - Name and address of relative to be notified in case of emergency.
Acceptable - Can ask if applicant has friends and/or relatives currently employed by this company, if such information does not reflect a preference to hire friends and/or relatives of present employees.
Unacceptable - For other than minor applicant, name
and/or address of spouse or any relative.
The maiden name of the wife or mother of an applicant.
Acceptable - Have you ever been convicted of a felony? If so, when, where and disposition of case? (Convictions may not automatically disqualify the applicant. Applicant must be given the opportunity to explain the convictions.)
Unacceptable - Have you ever been arrested?
The number and kind of arrests of an applicant.
Acceptable - Names of persons willing to provide
professional and/or character references for applicant.
By whom were you referred?
Unacceptable - Questions of applicant's former employers or acquaintances which elicit information specifying the applicant's race color, religious creed, national origin, ancestry, disability, medical condition, martial status, age or sex.
Acceptable - Inquiry into organizational memberships or offices held in a profession, trade, or service organization related to the job.
Unacceptable - Inquiry into membership in clubs, social fraternities, societies, lodges or other organizations which indicate the race, creed, color, religion or national origin of its members.
Acceptable - Photographs may be required after hiring for identification purposes.
Unacceptable - Requirement that applicant submit a photograph prior to being hired.
Acceptable - Statement that bonding is a condition of hire.
Unacceptable - Questions regarding refusal or
cancellation of bonding.
Opening screen
Introduction (Sample
approach for introducing the system within a company)
Hiring Policies and Procedures
Interview guide concepts
Guide Library (Primary
access point for experienced users)
Legal Do's and Don'ts
Interview Guide Design Tips
How to create a guide
Conducting the Interview
Evaluating & scoring
candidates
Panel (Search Committee)
Interviews
Diversity
Detailed document about the system
Recruiting Tips by Dr John
Sullivan
Employee Retention Tips by Dr
John Sullivan
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