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