Interviewing Legally Regarding Age Legal: Are you 18 years or older? If not, how old are you? Illegal: How old are you? In what year were you born? What is your birthday, including the year of birth? What are the ages of your children? When did you attend high school? What year did you graduate from high school? Regarding Disability Legal: The primary functions of the position are ... If hired, can you perform them with or without reasonable accommodations? Illegal: Do you have a disability? What is your height and weight? Have you ever been treated for any of the following diseases? Have you ever received worker’s compensation? Have you ever had a drug or alcohol problem? Have you ever been tested for AIDS? How would you describe your general health? When was your last physical exam? Regarding Gender Legal: None Illegal: Any questions regarding gender! (Exception: Questions regarding gender may be asked if the gender is a BFOQ. However the employer has the burden of establishing that the job requires either a man or woman and cannot be performed by the other sex.) Regarding Martial Status Legal: None Illegal: Are you married? Are you planning to get married in the near future? Are you single? Married? Divorced? When were you married? Divorced? Do you wish to be addressed as Miss, Mrs., or Ms.? What does your spouse do? Will you spouse object to you working overtime, traveling, and so forth? Regarding Martial Status Illegal continued: If your spouse is transferred to a different city, would you also move? If you go to work, who will take care of your children? With whom do you reside? Do you live with your parents? What is your spouse’s name? Do you own your home or rent? List the number and ages of your children. If you have children, please describe the provision you have made regarding child care. Regarding Criminal Record Legal: Have you ever been convicted of a felony? Illegal: Have you ever been arrested? Regarding Birth Control Legal: None Illegal: Are you planning to start a family? How do you feel about abortion? Are you capable of having children? Regarding National Origin Legal: None Illegal: What is your nationality? What is the native country of your ancestors? What is the nationality of your parents? Where are your parents from? How did you learn to speak a foreign language? Regarding Race Legal: None Illegal: What is your race or color? What color are your skin, eyes, and hair? Regarding Religion Legal: None Illegal: Who is your pastor, clergy? What religious holidays do you observe? Do you attend church? Does your religion prevent you from working weekends or holidays? Regarding Citizenship and Residence Legal: Are you a U.S. citizen? If not a citizen of the U.S., do you intend to become a citizen of the U.S.? If not a U.S. citizen, do you intend to remain in the U.S.? If not a U.S. citizen, can you legally be employed in the U.S.? If hired, can you provide proof of citizenship? What is your place of residence? How long have you been a resident of this state? City? Regarding Citizenship and Residence Illegal: What country are you a citizen of? If a U.S. citizen, are you native-born or naturalized? Are your parents U.S. citizens? Is your spouse a U.S. citizen? Regarding Language Ability Legal: What foreign languages can you speak and write? Illegal: What is your native language? What is the primary language spoken in your home? How did you learn to speak or write a foreign language? What is your mother tongue? What language do you commonly speak? Regarding Military Service Legal: Have you served in the Armed Forces of the United States? Illegal: Did you receive a discharge or release under other than honorable conditions? Have you served in the military forces of any country other than the United States? Regarding the Applicant’s Name Legal: Have you ever worked for this company under a different name? In checking your references and work record, are there any names or nicknames that we should check under? Illegal: What is the name listed on your birth certificate? What is your maiden name? Have you ever worked under another name? Regarding Organizations That the Applicant May Belong To Legal: What professional organizations that are relevant to your job do you belong to? What job related organizations, clubs, or other associations do you belong to? Please omit those that indicate your race, religion, color, nation al origin, ancestry, sex, political beliefs, or age. Do you enjoy being active in community affairs? Regarding Organizations That the Applicant May Belong To Illegal: What clubs do you belong to? What social or fraternal organizations do you belong to? Name all clubs, societies, organizations, and do forth, that you have belonged to. What are your feelings regarding labor unions? Regarding Relatives of Applicant Legal: Do you have any relatives employed by this company? If so, what are their names? Illegal: Any questions regarding relatives not employed by the company? Regarding Prior Employment Legal: Would you tell us about your last job? What were your major duties and responsibilities? Describe a typical day in your last job. What were some of the problems involved in your last job? Which problems frustrated you the most? How did you overcome the problems encountered? How did your previous job prepare you for this position? What were your goals at your last job? Did you reach them? What position did your supervisor hold? Regarding Prior Employment Illegal: What did your family think about your last job? Did your family interfere with your performance on the last job? What did your family think about you being required to travel on your last job? Regarding Financial History Legal: If hired, will you have any problems obtaining a bond (only if a bond is required?) Illegal: Have you ever filed for bankruptcy? Has your pay ever been garnished? Describe your credit rating? Have you ever been refused bonding? Have you ever had a bond canceled? Do you own a car? Regarding Education Legal: In what subjects did you make good grades in school? What was your major? Why? Are you interested in continuing your education? Did you work while attending school? Did you participate in extracurricular activities at school? How did your education prepare you for this job? Regarding Education Illegal: Did you use financial aid while attending school? Who paid for your schooling? Do you still owe on student loans? Did you live at home while attending school? Regarding Employment with Your Company Legal: Why do you want this position? What can you contribute to this company? What qualifications do you have for this position? Do you know of any reasons or problems that would prevent you from working normal hours? Overtime? Do you know of any reasons that would prevent you from traveling (only if traveling is a part of the job)? What kind of work do you like best? Regarding Employment with Your Company Legal: What do you consider your strong points? What do you consider your weak points? What is your strongest personal quality and your weakest? What do you want to do in your next job that you cannot do in your present one? Do you have any special skills or knowledge? Regarding Employment with Your Company Legal: Are your skills recent? When did you last use a … (machine or skill)? What is your career objective? What do you intend to do to reach your career objective? If hired, could you pass a medical examination designed to test your ability to perform essential job functions with or without reasonable accommodations? After Employment After an applicant has been hired, he or she may be asked information regarding age, marital status, and who should be notified in case of an accident or emergency. In addition, after employment the individual may be required to provide the company with a recent photograph. Can an individual be denied employment for giving false information during the interview process? Consider the following case: Richard Doe was a union carpenter and was referred to several jobs from the union hiring halls. During a slack period, he applied for a job as a carpenter with a nonunionized company. He was asked during the employment interview if he was a member of the carpenter’s union. He answered no. A background check revealed that he was a member of the union. The company, admitting that he was well qualified, justified not hiring him on the basis that he provided false information during the interview process. He contended that he was not hired because he was a union member. The court held that since the question regarding union membership was improper and should not have been asked, his false answer could not be considered. He recovered back pay from the company. Red Flags Certain red flags can occur during the interview process. The interviewer should be on guard for them. They probably indicate a need for further investigation. Each interviewer should develop his or her list of red flags. Common Red Flags • Unusually long pauses before answering certain questions. • Inappropriate use of humor. • Sudden change in voice volume. • Overly complex responses to simple questions. • Sudden change to more formal vocabulary. Common Red Flags • Blushing for no apparent reason. • Sudden significant change in manners or pace. • Sudden loss of eye contact. • Nonverbal clues that convey different statements from the verbal statements. • Sudden heavy perspiring. When red flags occur, it may be appropriate to use follow up questions regarding the current subject being discussed.