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    CareerBuilder's "How to" Guide: Illegal Job Interview Questions

    ome Find a Job My Getting Hired Working Employers/Ad Help

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    Illegal Job Interview Questions

    Various federal, state, and local laws regulate the questions a prospective employer can ask you. An

    employer's questions--on the job application, in the interview, or during the testing process--must b

    related to the job for which you are applying. For the employer, the focus must be: "What do I need

    know to decide whether or not this person can perform the functions of this job?"

    HOW-TO GUIDE: JOB

    INTERVIEWS

    Preparation Interview Types

    Good Impressions

    Common Question

    Illegal Questions

    Asking Questions

    Common Mistake

    Options for Answering an Illegal Question

    You are free to answer the question. If you choose to do so, realize

    that you are giving information that is not job-related. You could

    harm your candidacy by giving the "wrong" answer. You can refuse

    to answer the question. By selecting this option, you'll be withinyour rights, but you're also running the risk of coming off as

    uncooperative or confrontational--hardly the words an employer

    would use to describe the "ideal" candidate.

    Your third option is to examine the intent behind the question and

    respond with an answer as it might apply to the job. For instance, if

    the interviewer asks, "Are you a U.S. citizen?" or "What country are

    you from?," you've been asked an illegal question. Instead of

    answering the question directly, you could respond, "I am

    authorized to work in the United States." Or, if your interviewer asks, "Who is going to take care of

    your children when you have to travel?" you might answer, "I can meet the travel and work schedul

    that this job requires."

    ILLEGAL QUESTIONS AND THEIR LEGAL COUNTERPARTS

    Subject Illegal Questions Legal Questions

    National Origin/

    Citizenship

    Are you a U.S. citizen?

    Where were you/your parents

    born?

    What is your "native tongue?"

    Are you authorized to work in the United

    States?

    What languages do you read, speak or

    write fluently? (This question is okay, as

    long as this ability is relevant to the

    performance of the job.)

    Age How old are you?

    When did you graduate from

    college?

    What is your birthday?

    Are you over the age of 18?

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    CareerBuilder's "How to" Guide: Illegal Job Interview Questions

    Marital/

    Family Status

    What's your marital status?

    Who do you live with?

    Do you plan to have a family?

    When?

    How many kids do you have?

    What are your child care

    arrangements?

    Would you be willing to relocate if

    necessary?

    Travel is an important part of the job.

    Would you be willing to travel as needed

    by the job (This question is okay, as long

    ALL applicants for the job are asked it.)

    This job requires overtime occasionally.

    Would you be able and willing to workovertime as necessary? (Again, this

    question okay as long as ALL applicants

    for the job are asked it.)

    Affiliations To what clubs or social

    organizations do you belong?

    Do you belong to any professional or

    trade groups or other organizations that

    you consider relevant to your ability to

    perform this job?

    Personal How tall are you?

    How much do you weigh?

    Are you able to lift a 50-pound weight

    and carry it 100 yards, as that is part of

    the job? (Questions about height and

    weight are not acceptable unlessminimum standards are essential to the

    safe performance of the job.)

    Disabilities Do you have any disabilities?

    Please complete the following

    medical history.

    Have you had any recent or past

    illnesses or operations? If yes,

    list and give dates.

    What was the date of your lastphysical exam?

    How's your family's health?

    When did you lose your

    eyesight?

    Are you able to perform the essential

    functions of this job with or without

    reasonable accommodations? (This

    question is okay if the interviewer

    thoroughly described the job.)

    NOTE:As part of the hiring process,

    after a job offer has been made you will

    be required to undergo a medical exam.

    Exam results must be kept strictlyconfidential, except medical/safety

    personnel may be informed if emergency

    medical treatment is required, and

    supervisors may be informed about

    necessary job accommodations, based on

    the exam results.

    Arrest Record Have you ever been arrested? Have you ever been convicted of _____?

    (The crime should be reasonably related

    to the performance of the job in question.

    Military If you've been in the military,

    were you honorably discharged?

    In what branch of the Armed Forces did

    you serve?

    What type of training or education did

    you receive in the military?

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    CareerBuilder's "How to" Guide: Illegal Job Interview Questions

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