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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