What You Can And Can’t Ask In The Interview

The following guidelines from the California Fair Employment and Housing Act outline what is acceptable and unacceptable to ask in an interview. It is the interviewer’s responsibility to make only those inquires necessary to determine the applicant’s eligibility to be considered for employment.

Pre-Employment Inquiry Guidelines:

 

ACCEPTABLE

SUBJECT

UNACCEPTABLE

  • Name
  • "Have you ever used another name?"
  • "Is any additional information relative to change of name, use of an assumed name, or nickname necessary to enable a check on your work and education record? If yes, please explain."

NAME

  • Maiden name
  • Place of residence

RESIDENCE

  • "Do you own or rent your home?"
  • Statement that hire is subject to verification that applicant meets legal age requirements
  • "If hired can you show proof of Age?"
  • "Are you over eighteen years of age?"
  • "If under eighteen, can you, after employment, submit a work permit?"

AGE

  • Age
  • Birthdate
  • Dates of attendance or completion of elementary or high school.
  • Questions which tend to identify applicants over age 40.
  • "Can you after employment, submit verification of your legal right to work in the U.S.?"
  • Statement that such proof may be required after a decision is made to hire the candidate.

BIRTHPLACE/

CITIZENSHIP

  • Birthplace of applicant, applicant’s parents, spouse, or other relative.
  • "Are you a U.S. citizen?"
  • Citizenship of applicant, applicant’s parents, spouse, or other relative.
  • Requirements that applicant produce naturalization, first papers, or alien card prior to a decision to hire.
  • Languages applicant reads, speaks, or writes, if use of a language other than English is relevant to the job for which applicant is applying.

NATIONAL ORIGIN

  • Questions as to nationality, lineage, ancestry, national origin, descent, or parentage of applicant, applicant’s parent or spouse.
  • Language commonly used by applicant.
  • How applicant acquired ability to read, write, or speak a foreign language.
  • "What is your mother tongue?"
  • Name and address of parent or guardian if applicant is a minor
  • Statement of company policy regarding work assignment of employees who are related.

SEX, MARITAL

STATUS, FAMILY

  • Questions which indicate applicant’s sex.
  • Questions which indicate applicant’s marital status.
  • Number and/or ages of children or dependents.
  • Provisions for child care.
  • Questions regarding pregnancy, child bearing, or birth control.
  • Name or address of relative, spouse, or children of adult applicant.
  • "With whom do you reside?"
  • "Do you live with your parents?"

RACE,

COLOR

  • Questions as to applicant’s race or color.
  • Questions regarding applicant’s complexion or color of skin, eyes, hair.
  • Statement that photograph may be required after employment

PHYSICAL

DESCRIPTION,

PHOTOGRAPH

  • Questions as to applicant’s height and weight
  • Require applicant to affix a photograph to application.
  • Request applicant, at his or her option, to submit a photograph.
  • Require a photograph after interview but before employment.
  • Videotaping interviews.
  • Statement by employer that offer may be made contingent on applicant passing a job related physical examination
  • "Can you perform (specific task)."

PHYSICAL OR

MENTAL DISABILITY

  • Questions regarding applicant’s general medical condition, state of health, or illnesses.
  • Questions regarding record of Workman’s Compensation
  • "Do you have any physical or mental disabilities of handicaps?"
  • Statement by employer of regular days, hours, or shifts to be worked.

RELIGION

  • Questions regarding applicant’s religion, Religious days observed
  • "Does your religion prevent you from working weekends or holidays?"
  • Job-related questions about convictions, except those convictions which have been sealed, expunged, or statutorily eradicated.

ARREST,

CRIMINAL

RECORD

  • Arrest record /or/ "Have you ever been arrested?" (This is a violation of California Labor Code Section 432.7, which is enforced by the Labor Commissioner.)
  • Questions regarding relevant skills acquired during applicant’s U.S. military service

MILITARY SERVICE

  • General questions regarding military services such as dates, and type of discharge.
  • Questions regarding service in a foreign military
  • "Please list job-related organizations, clubs, professional societies, or other associations to which you belong–you may omit those which indicate your race, religious creed, color, disability, marital status, national origin, ancestry, sex, or age."
  • ORGANIZATIONS,

    ACTIVITIES

    • "List all organizations, clubs, societies, and lodges to which you belong."
  • "By whom were you referred for a position here?"
  • Names of persons willing to provide professional and/or character references for applicant
  • REFERENCES

    • Questions of applicant’s former employers or acquaintances which elicit information specifying the applicant’s race, color, religious creed, national origin, ancestry, physical or mental disability, medical condition, marital status, age, or sex.
  • Name and address of person to be notified in case of accident or emergency
  • NOTICE IN CASE OF EMERGENCY

    • Name, address and relationship of relative to be notified in case of accident or emergency.

    Note: Any inquiry, even though neutral on its face, which has an adverse impact upon persons on a basis enumerated in the Fair Employment and Housing Act (race, sex, national origin, etc.), is permissible only if it is sufficiently related to an essential job function to warrant its use. DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING STATE OF CALIFORNIA

     

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