Administrative Guideline - 2120c Pre-Employment Interview Questions

Asking an applicant questions prohibited by the Equal Employment Opportunity Act during pre-employment interviews could open the door for a job candidate to take legal action against the Corporation. The following guideline outlines the questions that are appropriate and those that should be avoided.

 

YOU CANNOT ASK:

  1. any question that would indicate race or color;
  2.  any question that would indicate sex, unless job-related;
  3.  applicant's religion or religious customs and holidays; recommendations from church officials;
  4.  if applicant, spouse, or parents are native-born or naturalized; date of citizenship; or for other proof of citizenship before hiring. (Proof of citizenship required on I-9 form);
  5.  marital status before hiring, the number and age of children, who cares for them, and if applicant plans to have more;
  6.  to see military service records, about military service with any country other than U.S.;
  7.  nationality, racial, or religious affiliation of school attended;
  8.  how foreign language ability was acquired;
  9.  inquiries about arrests, (as contrasted with convictions), except pending charges (see below at F.);
  10.  listing of all clubs to which the applicant belongs or has belonged;
  11.  that a candidate provide a photograph before hiring or that one be taken during an interview;
  12.  height and weight or physical/mental characteristics which do not relate directly to the job specifications (Administrative Guideline 3211);
  13.  whether applicant lives with a disabled individual (whether related or not);
  14.  whether applicant plans to marry or plans to have a family;
  15.  whether applicant has any military obligations. 

 

YOU CAN ASK: 

  1. for applicant's current and previous address; phone number;
  2. whether applicant is eighteen (18) years of age or older;
  3. whether the applicant is lawfully authorized to work in the United States;
  4. if applicant has served in the U.S. armed forces including branch of service and rank attained; job-related experience acquired in the military;
  5. academic, professional, or vocational school attended; language skills such as reading and writing, foreign languages, grades, degrees, majors, etc.;
  6. criminal convictions; any pending felony charges; any misdemeanor charge related to sexual conduct or assault or abuse of a child;
  7. personal and professional and other work references not relating to race, color, religion, sex, race, national origin, or ancestry;
  8. professional and social organization membership, so long as affiliation does not identify and is not used to discriminate on the basis of sex, race, national origin, or ancestry;
  9. willingness to perform job functions;
  10. willingness to work required work schedule and under prescribed working condition.

 

AFTER HIRING, YOU MAY OBTAIN:

  1. marital status and number/age of dependents for insurance and tax purposes;
  2.  proof of age;
  3.  status of citizenship (I-9 Form);
  4.  race, if done pursuant to required or approved affirmative action plan and maintained separately from applicant file;
  5.  a copy of military discharge certificate.