Wow! We received so many e-mails relating to last week’s HR Minute on illegal interview questions that we’ve decided to offer up some interview questions that are perfectly legal to ask when screening a candidate.
As we discussed last week, it is illegal to discriminate against candidates for employment based on their nationality, religion, race, age, gender, marital status, medical condition or disability, military status, genetic information and in some locations, sexual identity or criminal background. While it is not acceptable to ask direct questions about these in a job interview, there are related questions that are perfectly legal, as in the following examples:
General Questions:
What is your name?
What is your address?
Our hours are (describe). Are there any factors, such as commute, access to reliable transportation, personal commitments, that would make difficult or impossible for you to work our required schedule?
What educational institutions did you graduate from and what degrees or certifications did you earn? (Do not ask dates of completion)
Nationality:
Are you legal to work in the United States? (Do not require documentation until post-hire)
What languages are you fluent in for speaking/reading/writing?
Religion:
What days are you available to work?
Are you able to work our required schedule?
Medical Status or Disability:
This position requires the following physical abilities. (Describe.) Are you able to perform the duties of the position?
Age:
Are you over 18 years of age?
Military Status:
Are you a military veteran?
What military skills and experience are you able to bring to this position?
Criminal Background:
(If a security clearance is required or if a clean criminal background is required for institutions such as financial institutions or day-cares/schools): This position requires a security clearance and/or a clean criminal background. Do you anticipate this being a problem for you?
Beyond these tricky areas of inquiry, there are many creative, insightful questions you should consider during an interview. And, whenever possible, we encourage you to ask them in a“behavioral interview” format which is simply posing the question in the following format: “Tell me about a time when (question).” This will reveal the most detail about the candidates past experiences, which are always the best predictor for future behavior.
If you have any questions or curious about whether one of your interview questions is appropriate, send it to us in an e-mail and we’ll review it for you!
This blog may contain general information about legal matters. Affinity HR Group does not provide legal counsel. The information provided should not be considered legal advice and should not be relied on as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about this content or any legal matter you should consult your attorney or other professional legal services provider.
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