Legal vs. ILLegal Interview Questions. AGE? DATE OF BIRTH? State laws prohibits discrimination against a person age 40 or older. You may ask questions.

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Presentation transcript:

Legal vs. ILLegal Interview Questions

AGE? DATE OF BIRTH? State laws prohibits discrimination against a person age 40 or older. You may ask questions to insure a person is “old enough”. You may inquire about age if the job is among the few where age discrimination is permitted such as physically dangerous or hazardous work or driving a school bus.

ILLEGAL LEGAL How old are you? When is your birthday? In what year were you born? In what year did you graduate high school? Are you over the age of 18? Can you, after employment, provide proof of age?

MARITAL/FAMILY STATUS Family inquires are often asked to explore what some employers believe is a common source of absenteeism and tardiness. Women get asked these questions the most.

ILLEGAL LEGAL Are you married or do you have a permanent partner? With whom do you live? How many children do you have? Are you pregnant? Do you plan to have a family? What are you child care arrangements? Travel is an important part of this job, do you have any restrictions on your ability to travel? Do you have responsibilities or commitments that will prevent you from meeting specific work schedules? Do you anticipate any long absences from work on a regular basis?

PERSONAL Unless an employer can show that a height and weight requirement is essential for job performance, such inquires should be avoided.

ILLEGAL LEGAL How tall are you? How much do you weigh? (Questions about height and weight are always illegal unless it can be proven that there are minimum requirements to do the job) Are you able to lift 50- pound weight and carry it 100 yards, as part of this job?

DISABILITIES Under the federal Americans with Disabilities Act, any inquiry at the pre- employment stage is unlawful.

ILLEGAL LEGAL Do you have any disabilities? Have you had any recent illnesses or operations Please complete a medical questionnaire. How’s your family’s health? Will you be able to carry out in a safe manner all job assignments necessary for this position? Medical exams are legal AFTER an offer has been extended.

NATIONAL ORGIN The Immigrated Reform and Control Act of 1986 requires employers to verify the legal status and right to work of all new hires. Inquiries about a person’s citizenship or country of birth are unlawful and imply discrimination on the basis if national origin.

ILLEGAL LEGAL Where were you/your parents born? What is your native language? Are you a US citizen? Do you have any language abilities that would be helpful in doing this job? Are you authorized to work in the US?

ARREST RECORD There are laws that prohibit inquiries about past arrest records, however, it permits consideration of current arrests. Example, an arrest substantially related to the job applying for.

ILLEGAL LEGAL Have you ever been arrested? Have you ever been convicted of ______ crime? (Legal if the crime is reasonably relevant to the job; embezzlement for a banking position)

MILITARY SERVICE/AFFILIATIONS It is unlawful to discriminate against someone because of membership in any branch of the Armed Forces.

ILLEGAL LEGAL What type of discharge did you receive? In what branch of the Armed Forces did you serve? What type of training or education did you receive in the military?

ILLEGAL LEGAL What clubs or social organizations do you belong to? Do you go to church? List any professional or trade groups or other organizations that you belong to that you consider relevant to your ability to perform this job.

RACE/COLOR/RELIGION Some religions prohibit working on Sat or Sun. If a question about weekend work is asked, the employer should indicate that a reasonable effort is made to accommodate religious beliefs or practices.

ILLEGAL LEGAL All questions are illegal. Are you available for work on Sat and/or Sun.