by Dr. Wendell Williams
Monster Contributing Writer
Rate this article:
Average rating:
Total votes: 38
QUESTION: I'm trying to assist some new managers with appropriate interviewing skills, but I'm not sure which interview questions are considered illegal. Is there some sort of a standard list to use as a guide?
WHAT THE EXPERT SAYS: Inexperienced interviewers tend to ask questions that have nothing to do with the job they are trying to fill. These questions can make both the interviewer and the organization appear unprofessional.
Questions that you may legally ask include:
- What is your full name?
- Have you ever worked for the company under a different name?
- Is any additional information relative to a different name necessary to check your work record? If yes, explain.
- How long have you been a resident of this state or city?
- Are you 18 years old or older? This question may be asked only for the purpose of determining whether applicants are of legal age for employment.
- Is your spouse employed by this company?
- Are you legally able to work in the United States?
- Inquiries into the academic, vocational or professional education of an applicant and public and private schools attended.
- Inquiries into work experience.
- Have you ever been convicted of a crime? Questions about being arrested are not legal.
- Names of your relatives already employed by the company.
- All questions about skills for performing the job.
Some questions that are illegal and should not be asked include:
- What is your nationality?
- Do you have someone to look after your children while you work?
- Do you have any handicaps that would interfere with the job?
- What is your religion?
- How old are you?
- When did you graduate from high school?
- Have you ever been arrested?
- What is your birthplace?
- What is your maiden name?
- Asking for a photograph prior to hire.
- Questions about height or weight.
- Questions about marital status or children.
- Questions about mental or physical health, unless determined to be essential under the Americans with Disabilities Act (ADA).
Remember to err on the side of caution if you have any doubts about a question, and be sure to consult your HR director for advice.
