Legal Job Interview Questions by grk11444

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									                                  LEGAL AND ILLEGAL INTERVIEW QUESTIONS

SUBJECT           ACCCEPTABLE                                                UNACCEPTABLE
Name              “Have you ever used another name?”                         Maiden Name

                  “Is any additional infor mation 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.”

Residence         Place of residence                                         “Do you own or rent your home?”

Age               Statement that hire is subject to verification that        Age
                  applicant meets legal age requirements. For example:
                                                                             Date of Bir th
                      “If hired, can you show proof of age?”
                      “Are you over eighteen years of age?”                 Dates of attendance or completion of elementary or high
                      “If under eighteen, can you, after employ ment,       school.
                       submit a work permit?”                                Questions which tend to identify applicants over age 40

Birthplace,       “Can you, after employ ment, submit verification of        Birthplace of applicant, applicant’s parents, spouse or
Citizenship       your legal right to work in the United States?”            other relatives.
                  Or
                  Statement that such proof may be required after            “Are you a U.S. citizen?”
                  employment
                                                                             Citizenship of applicant, applicant’s parents, spouse or
                                                                             other relatives.

                                                                             Requirements that applicant produce naturalization, fir st
                                                                             papers or alien card prior to a decision to hire.

National Origin   Languages applicant reads, speaks or writes if use of      Questions as to nationality, lineage, ancestry, national
                  a language other than English is relevant to the job for   origin, descent or parentage of applicant, applicant’s
                  which applicant is applying.                               parents or spouse.

                                                                             “What is your mother tongue?”
                                                                             Or
                                                                             Language commonly used by applicant?

                                                                             How applicant acquired the ability to read, write or speak
                                                                             a foreign language.

Sex, Marital   Name and address of parent or guardian, if applicant          Questions, which indicate applicant’s sex.
Status, Family is a minor.                                                   Questions, which indicate applicant’s marital status.
                  Statement of company policy regarding work
                  assignment of employees who are related.                   Number and/or ages of children or dependents.

                                                                             Provisions for child care.

                                                                             Questions regarding pregnancy, childbear ing or bir th
                                                                             control.

                                                                             Name or address of relative, spouse or children of adult
                                                                             applicant.

                                                                             “With whom do you reside?”
                                                                             Or
                                                                             “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.
Credit Report                                                                  Any report that would indicate infor mation which is
                                                                               otherwise illegal to ask, e.g., marital status, age,
                                                                               residency, etc.

Physical           Statement that photograph may be required after             Questions as to applicant’s height and weight.
Description,       employment.
                                                                               Require applicant to affix a photograph to application.
Photograph
                                                                               Request applicant, at his or her option, to submit a
                                                                               photograph.

                                                                               Require a photograph after interview but before
                                                                               employment.

                                                                               Videotaping interviews.

Physical or        Statement by employer that offer may be made                Questions regarding applicant’s general medical
Mental             contingent on applicant passing a job-related physical      condition, state of health or illnesses.
                   examination
Disability                                                                     Questions regarding receipt of Workers’ Compensation.
                   “Can you perform (specific task)?”
                                                                               “Do you have any physical or mental disabilities or
                                                                               handicaps?”

Religion           Statement by employer of regular days, hours or shifts      Questions regarding applicant’s religion.
                   to be worked.
                                                                               Religious days observed
                                                                               Or
                                                                               “Does your religion prevent you from working weekends
                                                                               or holidays?”

Arrest,            Job-related questions about convictions except those        Arrest record/
Criminal           convictions, which have been sealed, expunged or            Or
                   statutorily eradicated.                                     “Have you ever been arrested?” (This is a violation of
Record                                                                         California Labor Code Section 432.7, which is enforced
                                                                               by the Labor Commissioner.)

Military           Questions regarding relevant skills acquired dur ing        General questions regarding military service such as
Service            applicant’s US military service                             dates and type of discharge.

                                                                               Questions regarding service in a foreign military

Organizations, Please list job-related organizations, clubs,                   “List all organizations, clubs, societies and lodges to
Activities     professional societies, or other associations to which          which you belong.”
                   you belong – you may omit those which indicate your
                   race, religious creed, color, disability, marital status,
                   national or igin, ancestry, sex or age.

References         “By whom were you referred for a position here?”            Questions or applicant’s for mer employers or
                                                                               acquaintances which elicit infor mation specifying the
                   Names of persons willing to provide professional            applicant’s race, color, religious creed, national origin,
                   and/or character references for applicant.                  ancestry, physical or mental disability, medical condition,
                                                                               marital status, age or sex.

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

								
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