interview policies avoiding inappropriate and illegal questions

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Interview PoliciesAvoiding inappropriate and illegal questions


Interview PoliciesThe purpose of conducting any interview is to assess the applicant’s qualifications for a job position. When speaking with the applicant, it is critical that a handful of questions be approached with caution. These questions surround issues of various forms of discrimination.

Some topics can be addressed in an interview, but certain questions related to these topics cannot be asked. We will discuss the line between illegal and legal questions.


Topics to Approach with Caution

• Age• Citizenship• Criminal Record• Disability• Family• Marital Status• Military

• National Origin• Parental Status• Race or Skin Color• Residence• Sex


Questions about Age (Examples)

Inappropriate

• How old are you?• What year were you

born?• When did you graduate

from high school? • What year did you

graduate from college?

Appropriate

• (Before hiring) Are you are over the minimum age for

the hours or working conditions?

• (After hiring) Would you provide me with a birth certificate or other ID?


Questions about Age (Describe)

Inappropriate

• Asking about their age or their birth date.

• Inquiring about their graduation date from high school or college.

Appropriate

• Before hiring, asking if you are over the minimum age for the hours or working

conditions.• After hiring, verifying

same with a birth certificate or other ID, and

asking age on insurance forms.


Which of the following are appropriate interview questions?

Which of the following is an appropriate interview question?

It is inappropriate to ask any question about someone’s exact age prior to hiring him or her. You can only ask if they are above the minimum working age.

What year did you start your first job out of college?

How year did you get married?

How old are you?

Are you over the minimum working age?

What year did you graduate from high school?


Questions about Citizenship (Examples)

Inappropriate

• Are you a citizen of the US?• Are your parents or spouse

citizens of the US?• On what dates did you, your

parents or your spouse acquire US Citizenship?

• Are you, your parents or your spouse naturalized or native-born US citizens?

Appropriate

• If you are not a US citizen, do you have the legal right to remain permanently in the

US?• What is your visa status? (if

no to the previous question).• Are you able to provide

proof of employment eligibility upon hire?


Questions about Citizenship (Describe)

Inappropriate

• Asking if they are a citizen.• Asking if their parents or

spouse citizens of the US.• Asking about when they or

their parents or spouse acquire US Citizenship?

• Asking if they, their parents, or their spouse is a native-born US citizens.

Appropriate• Asking if they have the legal

right to remain permanently in the US if they are not a US

citizen.• Asking about their visa status

if they answer no to the previous question.

• Asking if they are able to provide proof of

employment eligibility upon hire.




You cannot ask if the interviewee is a citizen, or anyone related to them. You can only ask if they have the right to live in the United States.

Were you born in France?

How old were you when your parents became citizens?

How long ago did your spouse become a citizen?

Do you have the right to live long term in the US?

Can you provide proof of being a US citizen upon hiring?


Questions about Criminal Record (Examples)

Inappropriate

• Have you ever been arrested?

• Have you ever spent a night in jail?

Appropriate

• Have you ever been convicted of a crime?


Questions about Criminal Record (Describe)

Inappropriate

• Asking if they have ever been arrested.

• Asking if they have ever spent a night in jail.

Appropriate

• Asking if they have been convicted of a crime.




The only appropriate question you can ask about past crimes is if a person has been convicted of a crime. No further inquires can be made.

Have you ever stolen a car?

How long were you in prison?

Have you ever been convicted of a crime?

Have you ever been arrested on drug charges?

When did you get caught?



Which of the following is an inappropriate interview question?

During the interview process you cannot ask if someone is a citizen of the United States. You can only ask if they have the right to be employed here.

Can you provide proof of being a US citizen upon hiring?

Have you ever been convicted of a crime?

Do you have the legal right to remain in the United States?

What is the status of your visa?

Are you over the minimum working age?


Examples for each section…The following cycle of presenting examples of appropriate and inappropriate questions, followed by evaluation continues through the rest of the list.


Interview PoliciesMake a list of three appropriate questions from this presentation and practice using them in your next interview.

1.

2.

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Interview PoliciesAvoiding inappropriate and illegal questions

interview policies avoiding inappropriate and illegal questions

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