Hiring - What clients can ask.

HIRING - WHAT CLIENTS CAN ASK

I've been asked many times about what are permissible questions in the interview process in traditionally sensative areas. I've provided a generic list below. These do not substitute for legal advise.

Disability

Pre Hire Lawful Inquiry: Do you know of any reason that you would be unable to perform the job for which you have applied? Can you perform the functions of this job with or without reasonable accommodation? Please describe/demonstrate how you would perform these functions. How well can you handle stress? Do you work better under pressure?
Can you meet the attendance requirements of this job? How many days were you absent last year? Did you have any unauthorized absences from your job last year?
Do you illegally use drugs? Have you used illegal drugs in the last two years?
Do you have the required licenses to perform this job?
Do you regularly eat three meals per day?

Pre Hire Unlawful Inquiry: Do you have a disability or handicap? Have you ever been hospitalized? Have you ever been treated by a psychiatrist or psychologist? Is there any health related reason you may not be able to perform the job for which you are applying? Have you had a major illness in the last 5 years? Do you have any physical defects which preclude you from performing certain kinds of work? Do you have any disabilities or impairments which may affect your performance in the position for which you have applied? Are you taking any prescription drugs? Have you ever been treated for drug addiction or alcoholism? Have you ever filed a claim for, or received benefits of worker’s compensation? Do you have AIDS? Do you have asthma? How many days were you sick last year? Have you ever been injured on the job? How much alcohol do you drink each week?
Have you ever sought treatment for your inability to handle stress? Do you ever get ill from stress? Does stress affect your ability to be productive? Have you ever been unable to cope with work-related stress? Do you have open skin sores? Do you have boils? Do you have fever? Do you have dark urine? Do you have jaundice? How debilitating is your multiple sclerosis? Do you expect your condition to get worse? Can you walk? Would you need reasonable accommodation in this job? What effect does being in a wheelchair have on your daily activities? Do you ever expect to walk again?

Race or color
Lawful Inquiry: None
Unlawful Inquiry: Inquiry into complexion or color of skin. Coloring.

Religion or Creed
Lawful Inquiry: None
Unlawful Inquiry: Inquiry into applicant’s religions denomination, religious affiliations, church, parish, pastor or religious holidays observed. Applicant may not be told “this is a (Catholic, Protestant or Jewish) organization.”

Sex
Lawful Inquiry: None.
Unlawful Inquiry: Do you wish to be addressed as Mr., Mrs., Miss, or Ms.

Family
Lawful Inquiry: Can applicant meet schedules.
Unlawful Inquiry: Number of children, ages of children, child care arrangements.

Marital Status
Lawful Inquiry: None
Unlawful Inquiry: Are you married? Single? Divorced? Separated? Name or other information about spouse. Where does your spouse work? Spouses’ salary? What are the ages of your children, if any?

Birth control
Lawful Inquiry: None
Unlawful Inquiry: Capacity or intent to reproduce, birth control, family planning.

Age
Lawful Inquiry: Are you over 18 years of age? If not, state your age.
Unlawful Inquiry: How old are you? What is your date of birth?

Arrest record
Lawful Inquiry: Have you ever been convicted of a crime?
Unlawful Inquiry: Have you ever been arrested?

Name
Lawful Inquiry: Have you ever worked for this company under a different name? Is any additional information relative to your name, use of an assumed name or nickname necessary to enable a check of your work record? If yes, explain.
Unlawful Inquiry: Maiden name of a married woman.

Photograph
Lawful Inquiry: After hire.
Unlawful Inquiry: Requirement or option that applicant affix a photograph to application form at any time before hiring.

Address Duration of Residence
Lawful Inquiry: Applicant’s place of residence.
Unlawful Inquiry: Length of residence in this city or state?

Birthplace
Lawful Inquiry: None.
Unlawful Inquiry: Requirement that applicant produce proof of age.

Citizenship
Lawful Inquiry: Are you authorized to work in the United States? Requirement that applicant produce documentation as set forth on the I-9 form.
Unlawful Inquiry: Of what country are you a citizen? Are applicant’s parents or spouse naturalized, or native-born citizens of the United States; the date when such parents or spouse acquired citizenship.

Language
Lawful Inquiry: Not advisable. Inquiry into language applicant speaks and writes fluently, ONLY if directly related to the job requirements.
Unlawful Inquiry: What is your language?

Education
Lawful Inquiry: Inquiry into applicant’s academic, vocation or professional education and schools attended.
Unlawful Inquiry: Requirement that applicant identify dates of high school or college attendance.
Experience
Lawful Inquiry: Inquiry into work experience

Relatives
Lawful Inquiry: Names of applicant’s relatives, other than a spouse, already employed by this company. Only after hired – who to notify in case of emergency.
Unlawful Inquiry: Names, addresses, ages, number or other information concerning applicant’s spouse, children or other relatives not employed by the company. Name and address of person to be notified in case of accident or emergency.

Military
Lawful Inquiry: Invitation to describe any experience, including military experience, that the applicant believes to be relevant to the job.
Unlawful Inquiry: Inquiry into applicant’s general military experience or discharge. Repeat discharge papers.

Organization
Lawful Inquiry: Inquiry into applicant’s membership in organizations which the applicant considers relevant to his or her ability to perform the job.
Unlawful Inquiry: Listing of clubs, societies, and lodges to which applicant belongs.