ENG 112

Prof. Mathews

Illegal Job Interview Questions*

Various federal, state, and local laws regulate the questions a prospective employer can ask you. An employer's questions — on the job application, in the interview, or during any testing process — must be related to the job for which you are applying. For the employer, the focus must be: "What do I need to know to decide if this person can perform the functions of this job?"

Options for answering an illegal question

You are free to answer the question. If you choose to do so, realize that you are giving information that is not job-related. You could harm your candidacy by giving the "wrong" answer. You can always refuse (politely decline) to answer the question. By selecting this option, you are within your rights, but you run the risk of coming off as uncooperative or confrontational.

Your third option is to examine the intent behind the question and respond with an answer as it might apply to the job. For instance, if the interviewer asks, "Are you a U.S. citizen?" or "What country are you from?," you've been asked an illegal question. Instead of answering the question directly, you could respond, "I am authorized to work in the United States." Or, if your interviewer asks, "Who is going to take care of your children when you have to travel?" you might answer, "I can meet the travel and work schedule that this job requires."

Types of questions

Subject: Nationality

Illegal	Legal
O Are you a U.S. citizen?	P Are you authorized to work in the United States?
O What is your "native language?"	P 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.)
O Where were you/your parents born?

Subject: Age

Illegal	Legal
O How old are you?	P Are you over the age of 18?
O When did you graduate from college?
O What is your birthday?

Subject: Marital/Family status

Illegal	Legal
O What's your marital status?	P Would you be willing to relocate if necessary?
O Who do you live with?	P Travel is an important part of the job. Would you be willing to travel as needed by the job?
O Do you plan to have a family? When?	P This job requires overtime occasionally. Would you be able and willing to work overtime as necessary? (All applicants must be asked)
O How many kids do you have?
O What are your child care arrangements?

Subject: Affiliations

Illegal	Legal
O To what clubs or social organizations do you belong?	P Do you belong to any professional or trade groups or other organizations that you consider relevant to your ability to perform this job?

Subject: Personal

Illegal	Legal
O How tall are you? How much do you weigh?	P Are you able to lift a 50-pound weight and carry it 100 yards, as that is part of the job?

(NOTE: Questions about height and weight are not acceptable unless minimum standards are essential to the safe performance of the job.)

Subject: Disabilities

Illegal	Legal
O Do you have any disabilities?	P 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.)
O Please complete the following medical history.
O Have you had any recent or past illnesses or operations? If yes, list and give dates.
O What was the date of your last physical exam?
O How's your family's health?
O When did you lose your eyesight/hearing etc.?

(NOTE: As part of the hiring process, after a job offer has been made you may 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.)

Subject: Arrest record

Illegal	Legal
O Have you ever been arrested?	P Have you ever been convicted of _____? (The crime should be reasonably related to the performance of the job in question.)

Subject: Military

Illegal	Legal
O If you've been in the military, were you honorably discharged?	P What type of training or education did you receive in the military?
O In what branch of the Armed Forces did you serve?

One final note, just because interviewers are not legally allowed to ask certain questions, that does not mean you canÕt talk about all of these issues if you think they are relevant. If you think some of the training you received in the military makes you a good candidate for the job, feel free to mention your service. If you think discussing the volunteer work you do at your temple will give a good impression, you can mention it.