QUESTIONS TO AVOID DURING AN INTERVIEW
by Don Phin
The United States Equal Employment Opportunity Commission and other federal and state agencies have issued guidelines for employers regarding prohibited areas of inquiry during the hiring process. The questions below are generally prohibited during the selection process because they inquire into information that is not required as a matter of business necessity, or are not job-related. The point is only to ask questions that relate to how that individual can handle the job and provide value to the company. As Walter Olson, author of The Excuse Factory states, today’s interview guidelines “eliminate the small talk.” Some prohibited questions are proper to ask after the interview process for statistical and other reasons. Unless clearly job-related, the following is an example of questions that should be avoided:
- “What is your maiden name?”
- “Do you own or rent your home?”
- “What is your age?”
- “What is your date of birth?”
- The dates of attendance or completion of elementary or high school.
- Questions, which tend to identify an applicant’s age as over 40.
- Birthplace of applicant or of applicant’s parents, spouse, or other relative.
- “Are you a U.S. citizen?” or “What is your citizenship or that of your parents, spouse, or other relative.”
- Questions as to race, nationality, lineage, ancestry, national origin, descent, or parentage of applicant or applicant’s spouse.
- “What is your mother’s tongue?” or “What is the language you speak at home?”
- How the applicant acquired the ability to read, write, or speak a foreign language.
- Questions that indicate the applicant’s marital status.
- Questions about the number or ages of children or dependents.
- Questions regarding provisions for childcare.
- Questions regarding pregnancy, childbearing, or birth control.
- Questions regarding the names or addresses of relatives, spouse, or children of adult applicant.
- Questions such as, “With whom do you reside?” or “Do you live with your parents?”
- Questions as to applicant’s complexion, or color of skin, eyes, or hair.
- Questions as to applicant’s height and weight.
- Requiring an applicant to affix a photograph to the application.
- Requesting an applicant at his or her option, to submit a photograph.
- Requiring a photograph after the interview, but before employment is offered.
- Questions regarding an applicant’s general medical condition, state of health, or illness.
- Questions regarding the medical condition or health of an applicant’s family or associates.
- Questions regarding AIDS, HIV, and related conditions.
- “Have you ever made a Workers Compensation claim?”
- Questions regarding receipt of Workers Compensation benefits.
- “Do you have any mental or physical disabilities or handicaps?”
- Questions regarding arrest record, such as “Have you ever been arrested?” unless they are in a security-related position. It’s okay to ask if they have been convicted of a felony.
- Questions regarding refusal or cancellation of bonding unless they are in a security-related position.
- Questions regarding service in foreign military.
- Questions regarding applicant’s current or past assets, liabilities, or credit rating, including prior bankruptcies unless job-related.
- Questions regarding ownership of a car.
- Questions regarding length of residence at a particular address.
- Requiring a list of all organizations, clubs, societies, or lodges to which applicant belongs.
- Questions to applicant’s former employers or references, or acquaintances of references, which elicit information specifying the applicant’s race, color, religious creed, nation original, ancestry, disability, mental disability, physical disability, medical condition, marital status, age, sex, or other prohibited basis of discrimination.
- Questions regarding religious obligations that would prevent an individual from being available to work on Friday evenings, Saturdays, Sundays, or holidays.
- Questions seeking the names and addresses of relatives (as opposed to persons) to be notified in case of accident or emergency.
- Asking a female candidate whether her family will object to her working at night.
- Asking a female candidate whether she has any reason to believe she might require any leave for medical reasons during the next calendar year.
- Asking an older candidate whether they feel they can keep up with the younger employees in the department.
- Asking an applicant the origin of their name.
- “Do you speak ?”
- “How do you expect to do this job when you are blind?”
- Discriminatory remarks such as, “I’ll bet you’re a good dancer” or, “I don’t know how you people eat that kind of food. It makes me burp” or, “Are you trying to be superwoman?”
- “How did you lose your leg?”
- “Have you ever had cancer, high blood pressure, heart problems?”
- “Have you ever injured your back?”
- “How strong is your back?”
- “Have you ever taken a leave of absence for health reasons?”
- “Are your parents healthy?”
- “What did you parents die of?”
- “What is the prognosis for your disease?”
- “Is your skin condition caused by a disease?”
- “How do you manage in the bathroom?”
- “Do you have any physical or mental disability/handicap that will require reasonable accommodation?”
- “Have you ever abused alcohol?”
- “Is anyone in your family disabled?”