ILLEGAL QUESTIONS
Under Federal Law there can be no job discrimination based on sex, race, color, religion, national origin, or age. This applies to employers, unions, and employment agencies. In most circumstances you should not be asked questions about your:
- Age (for certain jobs you may be asked if you are over 18)
- Birthplace
- Sex
- Marital Status
- Spouse
- Religion
- Race
- Country of Origin
- Children
- Pregnancy or Family Plans
- Parents
- Height
- Weight
- Credit Ratings or Financial Status
- Union Membership (in a nonunion company)
- Arrests with no convictions
- Convictions unrelated to the job
METHODS OF ANSWERING ILLEGAL QUESTIONS
- You are free to answer the question. If you choose to do so, realize that you are providing information that is not job-related. You could hurt your candidacy by giving the "wrong" answer.
- You can refuse to answer the question. By choosing this option, you are running the risk of coming off as uncooperative or confrontational - hardly the words an employer would use to describe an "ideal" candidate.
- You can examine the intent behind the question and respond with an answer as it might apply to the job:
Question: " Are you a U.S. citizen?" or "What country are you from?"
Answer: Instead of answering the question directly, you could say, " I am authorized to work in the United States."
Question: "Who will take care of your children when you have to travel?"
Answer: " I can meet the travel and work schedule that this job requires."
EXAMPLES OF ILLEGAL AND LEGAL QUESTIONS
NATIONALITY
Illegal: Are you a U.S. Citizen? Where were you / your parents born? What is your native tongue?
Legal: Are you authorized to work in the United States? What languages do you read, speak, or write fluently?
AGE
Illegal: How old are you? When did you graduate from college? What is your birthday?
Legal: Are you over the age of 18?
MARITAL / FAMILY STATUS
Illegal: What is your marital status? Who do you live with? Do you plan to have a family? When? How many children do you have? What are your child care arrangements?
Legal: Would you be willing to relocate if necessary? Travel is an important part of the job. Would you be willing to travel as needed by the job? (All applicants should be asked this question for it to be legal.) This job sometimes requires overtime. Would you be able and willing to work overtime as necessary? (All applicants should be asked this question for it to be legal.)
AFFILIATIONS
Illegal: To what clubs or social organizations do you belong?
Legal: Do you belong to any professional or trade groups or any other organizations that you consider relevant to your ability to perform this job?
PERSONAL
Illegal: How tall are you? How much do you weigh?
Legal: Are you able to lift a 50 pound weight and carry it 100 yards, as this is part of the job?
DISABILITIES
Illegal: Do you have any disabilities? Please complete the following medical history; have you had any recent or past illnesses or operations? If yes, list and give dates. What was the date of your last physical exam? How is your family's health? When did you lose you hearing?
Legal: Are you able to perform the essential functions of this job with or without reasonable accommodations? (This is OK if the interviewer thoroughly described the job.)
As part of the hiring process, after a job offer has been made, you may be required to have a medical examination. Exam results must be kept strictly confidential, except medical/safety personnel may be informed if emergency medical treatment is required, and supervisors may be informed about necessary job accommodations, based on the exam results.
ARREST RECORD
Illegal: Have you ever been arrested?
Legal: Have you ever been convicted of __________? The crime should be reasonably related to the job in question.
MILITARY
Illegal: Were you honorably discharged from the military? In what branch of the armed forces did you serve?
Legal: What type of training or education did you receive in the military?
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