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The following is a brief guide to questions which can and cannot be asked by employers during a job interview.  An interviewer may have an agenda for asking an illegal question or they may simply do so out of ignorance.  You can choose to respond to such questions in one of two ways:

  1. If you think it will improve the chances of getting the job you can respond to the question. For example:  "I am not sure how my physical condition relates to my ability to perform this job, but I am in good physical health."
  2. You can politely refuse to answer the question: "I am sorry, but I cannot see how my marital status relates to my ability to perform in this position. I do not feel that this question should be asked."

If the interviewer persists in asking illegal questions you may want to discuss your concerns with their supervisor or department head.


Guide to Acceptable Pre-Employment Inquiries

ACCEPTABLE

SUBJECT

UNACCEPTABLE

  • Have you worked for this company under a different name?
  • Have you ever been convicted of a crime under another name?

Name

  • Former name of applicant whose name had been changed by court order or otherwise

  • Applicant's place of residence.
  • How long applicant has been resident of this state or city

Address or Duration of Residence

 
 

Birthplace

  • Birthplace of applicant.
  • Birthplace of applicant's parents, spouse, or other relatives.
  • Requirements that applicant submit a birth certificate, naturalization, or baptismal record.
  • Can you, after employment, submit a work permit if under 18?
  • Are you over 18 years of age?
  • If hired, can you furnish proof of age? /or/ Statement that hire is subject to verification that applicant's age meets legal requirements

Age

  • Questions which tend to identify applicants 40 to 64 years of age
 

Religion

  • Applicant's religious denomination or affiliation, church, parish, pastor, or religious holidays observed.
  • Do you attend religious services /or/ a house of worship?
  •  Applicant may not be told "This is a Catholic/ Protestant/Jewish/Atheist organization.
  • Statement by employer of regular days, hours or shift to be worked.

Work Days and Shifts

 
 

Race or Color

  • Complexion, color of skin, or other questions directly or indirectly indicating race or color.
  • Statement that photograph may be required after employment

Photograph

  • Requirements that applicant affix a photograph to his/her application form.
  • Request applicant, at his option, to submit a photograph.
  •  Requirement of photograph after interview but before hiring.
  • Statement by employer that if hired, applicant may be required to submit proof of citizenship

Citizenship

  • Whether applicant or his parents or spouse are naturalized or native-born United States citizens.
  • Date when applicant or parents or spouse acquired U.S. citizenship.
  • Requirement that applicant produce his naturalization papers or first papers.
  • Whether applicant's parents or spouse are citizens of the U.S.
  • Languages applicant reads, speaks, or writes fluently

National Origin or Ancestry

  • Applicant's nationality, lineage, ancestry, national origin, descent or parentage.
  • Date of arrival in U.S. or port of entry; how long a resident.
  • Nationality of applicant's parents or spouse; maiden name of applicant's wife or mother.
  • Language commonly used by applicant, "What is your native tongue?"
  • How applicant acquired ability to read, write, or speak a foreign language.
  • Applicants academic, vocation, or professional education; schools attended

Education

  • Date last attended high school.
  • Applicant's work experience.
  •  Applicant's military experience in armed forces of U.S., in a state militia (U.S.) or in a particular branch of U.S. armed forces.

Experience

  • Applicant's military experience (general).
  • Type of military discharge.
  • Have you ever been convicted of any crime?   If so, when, where, and disposition of case?

Character

  • Have you ever been arrested?
  • Names of applicant's relatives already employed by this company.
  • Name & address of parent or guardian if applicant is a minor.

Relatives

  • Marital status or number of dependents.
  • Name or address of relative, spouse or children of adult applicant.
  • With whom do you reside?
  • Do you live with your parents?
  • Name and address of person to be notified in case of accident or emergency.

Notice in Case of Emergency

  • Name and address of relative to be notified in case of accident or emergency.
  • Organizations, clubs, professional societies, or other associations of which applicant is a member, excluding any names the character of which indicate the race, religious creed, color, national origin, or ancestry of its members.

Organizations

  • List all organizations, clubs, societies, and lodges to which you belong.
  • By whom were you referred for a position here?

References

  • Requirement for a submission of a religious reference.
  • Do you have any physical conditions which may limit your ability to perform all required tasks of this job?
  • Statement by employer that all job offers are contingent on passing a physical examination.

Physical Condition

  • Do you have any physical disabilities?
  • Questions on general medical condition.
  • Inquiries as to receipt of workman's compensation.
  • Notice to applicant that any misstatements or omissions of material facts in his/her application may be cause for dismissal.

Miscellaneous

  • Any inquiry that is not job-related or necessary for determining an applicant's eligibility for employment.

 

 


Weber State University, Career Services, Ogden, Utah 84408-1105,
(801) 626-6393, careerservices@weber.edu