What shift do you prefer? (also, how do you feel about overtime?) For an interviewer to conduct a lawful employment interview, the
employer must demonstrate job related necessity for asking the
questions. The intent of the question is important and the Equal
Employment Opportunity Commission (EEOC) will look at the relevancy to
determine if discrimination has incurred.
| SUBJECT |
ACCEPTABLE |
UNACCEPTABLE |
| Disability |
Applicants may be asked about their ability to perform
specific job functions. |
Employers may not ask job applicants about the existence,
nature, or severity of a disability before an offer of employment
has been made. |
| Name |
Have you ever worked for this company under a different name?
Is any additional information relative to change of name, use of
an assumed name, or nickname necessary to enable a check on your
work record? If yes, explain. |
Original name of applicant whose name has been changed by
court or otherwise. If you ever worked under another name, state
name and dates. |
| Address or Duration of Residence |
Applicant’s place of residence. |
|
| Photograph |
May be required after hiring for identification. |
Requirement or option that applicant affix a photograph to
employment form at any time before hiring. |
| Citizenship |
Are you authorized to work in the United States? |
Whether an applicant is naturalized or a native-born citizen;
the date when the applicant acquired citizenship. Birthplace of
applicant. Birthplace of applicant’s parents, spouse, or other
close relatives. |
| Education |
Inquiry into applicant’s academic, vocational, or professional
education and the public and private schools attended. |
|
| Experience |
Inquiry into work experience. |
|
| Relatives |
Names of applicant’s relatives, other than spouse, already
employed by a company. |
Names, addresses, ages, number or other information concerning
applicant’s spouse, children or other relatives not employed by a
company. |
| Notice In Case of Emergency |
Names of persons to be notified. |
Name and address of person to be notified in case of accident
or emergency. |
| Military Experience |
Inquiry into applicant’s military experience in the United
States or in a State Militia. Inquiry into applicant’s service in
particular branch of United States Army, Navy, etc. |
Inquiry into applicant’s general military experience. |
| Organization |
Inquiry into applicant’s membership in an organization which
the applicant considers relevant to his or her ability to perform
the job. |
List all clubs, societies, and lodges to which you belong. |
| Religion or Creed |
|
Inquiries into applicant’s religious denomination, religious
affiliations, church, parish, pastor, or religious holidays
observed. Applicant may not to be told, “This is a (Catholic,
Protestant, or Jewish) organization.” |
| Race, National Origin, or Languages |
What languages do you read, speak, or write fluently? (only if
pertinent to or required for the job in question). |
Inquiry into applicant’s lineage, ancestry, national origin,
descent, parentage, nationality, race, or color. What is your
native language? Inquiry into how applicant acquired ability to
read, write, or speak a foreign language. Nationality of
applicant’s parents or spouse. What is your mother’s tongue? |
| Sex |
|
Inquiry as to sex. Do you wish to be addressed as Mr.?, Mrs.?
or Ms.? |
| Marital Status |
Can you meet specified work schedules, or do you have
activities, commitments, or responsibilities that may hinder the
meeting of work requirements? |
Are you married? Are you single? Divorced? Separated? Engaged?
Name or other information about spouse. Where does your spouse
work? What are the ages of your children, if any? Who will care
for your children when you work? |
| Birth Control |
|
Inquiry as to capacity to reproduce, advocacy of any form of
birth control or family planning. |
| Age or Date of Birth |
Are you over 18? |
How old are you? What is your date of birth? Requirement that
applicant submit birth certificate, naturalization or baptismal
record. Requirement that applicant produce proof of age in the
form baptismal. |
| Arrest Records |
Have you ever been convicted of a crime? (Give details*) |
Have you ever been arrested? |
* An applicant may not be denied employment because of a conviction
record unless there is a direct relationship between the offense and
the job or unless hiring would be an unreasonable risk. An ex-offender
denied employment is entitled to a statement of the reasons for such
denial. Correction Law, Article 23-A, 6754
