In general, as business owners and managers you want to stay away from questions that are not job related. Federal and state laws prohibit you from asking questions that deal with race, citizenship, pregnancy status, gender, religion, age, disability, marital status, children, sexual orientation and questions about previous worker’s comp claims. Any question that asks a candidate to reveal information about such topics may be a violation of State and Federal law anti discrimination laws. Often employers stumble into illegal areas unintentionally.
The best way to stay out of trouble when interviewing candidates is to stick to job related questions and to have a well-written job description and a list of legal interview questions prepared in advance and on hand. The chart below, developed by the University of Wisconsin, is also useful to have on hand when preparing for an interview. Feel free to use it as a reference guide for your interview.
Illegal Interview Questions
| QUESTION | APPROPRIATE | INAPPROPRIATE | |
| Age | Questions about age are only permitted if it is necessary to ensure that a person is legally old enough to do the job. For example “Are you over the age of 18?” | Questions about age, dates of attending school, dates of military service, requests for birth certificate. | |
| Address | What is your address? | Examples: Do you own or rent your home? How long have you lived at your current address? | |
| Arrest Record | May ask about arrests or pending charges if they are substantially related to the job. | Questions about arrests or pending charges for jobs other than those that are substantially related to the particular job. | |
| Credit Rating or Garnishments | Only if the job requires significant financial responsibility or access to cash or funds. In most cases, no question is acceptable. | Questions about credit ratings since they have little or no relations to job performance. | |
| Disability | Are you able to perform the essential functions of this job – with or without accommodations? Questions about knowledge of skills necessary to perform the job requirements. | Example: Do you have a disability? What is the nature of severity of your disability? | |
| Education | Inquiries about degrees or equivalent experiences that are related to the job being applied for. | Questions about education that are not related to the job being applied for. | |
| Family/Marital Status | Whether an applicant can meet work schedules or job requirements. If asking, should ask all applicants. | Any inquiry about marital status: married, single, separated, divorced, and engaged; children; pregnancy or child care plans. | |
| Health | None | Example: How is your (or your family’s) health? | |
| Name | May ask current legal name. “Is additional information, such as a different name or nickname necessary in order to check job references?” | Questions about national origin, ancestry, or prior marital status. | |
| Organizations | Inquiries about professional organizations related to the position. | Inquiries about organizations that might indicate race, sex, religion, or national origin. | |
| Race or Appearance | None
|
Comments about complexion, color, height, or weight. | |
| Religion | Describe the work schedule and ask whether applicant can work that schedule. If asking, should ask of all applicants. | Inquiries on religious preferences, affiliations, or denominations. | |
| Sexual Orientation | None | Inquiries about sexual orientation. Inquiries revealing stereotypes for certain sexual orientation (i.e. why do you wear an earring?) | |
| Work Experience | Applicants’ previous employment experience. | Questions about sick leave use or worker’s compensation claims in previous jobs. |
by Julie Leutschaft, Contributor
