The Legal Environment and Beyond

• There are some questions that cannot be asked during an interview because they are potentially discriminatory

• Equal Employment Opportunity (EEO) laws have been established, to prevent possible discrimination during the hiring process

• Even the most well-intentioned comment or question can be discriminatory, therefore you should be aware of questions that should be avoided

Definition of Illegal Questions

• Title VI, The Americans with Disabilities Act, and other Federal and State acts forbid employers from discriminating against any person on the basis of sex, race, national origin, religion or disability

• An illegal question is any question pertaining to any of these areas that could be construed discriminatory and is completely unrelated to any requirement of the position

• Questions must be focused only to determine a candidate’s capability to perform essential functions that have been defined for the job

Illegal Topics• Age• Arrest Record• Association with present

employer• Credit Affairs• Disability

• Emergency contact info• Height and weight• Marital status and children• Protected class• Veteran status

Legal and Illegal Inquiries

• Age: Do not ask a candidate’s age, other than “If hired, can you produce proof that you are 18 years of age?”

• Criminal Record: Do not ask if a candidate has been arrested. You may ask if they have ever been convicted of a crime

• Disability: You may ask if candidates can perform essential job functions, with or without reasonable accommodation

Legal and Illegal Inquiries

• Marital/Family Status: Questions about marital status or family are discouraged, except as they relate to job performance

• Personal: Avoid questions related to appearance, home ownership, and personal financial situation

• Race/Color: No race-related questions are legal

• Religion: If Saturday or Sunday is a required work day, you may ask candidates if they will have a problem working on those days

If it’s not job-related,

don’t ask!