2. • There are some questions that cannot be
asked during an interview because they are
potentially discriminatory
• Equal Employment Opportunity (EEO) laws
have been established, to prevent possible
discrimination during the hiring process
• Even the most well-intentioned comment or
question can be discriminatory, therefore you
should be aware of questions that should be
avoided
3. Definition of Illegal Questions
• Title VI, The Americans with Disabilities Act, and other Federal and
State acts forbid employers from discriminating against any person
on the basis of sex, race, national origin, religion or disability
• An illegal question is any question pertaining to any of these areas
that could be construed discriminatory and is completely
unrelated to any requirement of the position
• Questions must be
focused only to
determine a
candidate’s capability
to perform essential
functions that have
been defined for the
job
4. Illegal Topics
• Age • Emergency contact info
• Arrest Record • Height and weight
• Association with present • Marital status and children
employer • Protected class
• Credit Affairs • Veteran status
• Disability
5. Legal and Illegal Inquiries
• Age: Do not ask a candidate’s age, other than “If
hired, can you produce proof that you are 18 years
of age?”
• Criminal Record: Do not ask if a candidate has
been arrested. You may ask if they have ever been
convicted of a crime
• Disability: You may ask if candidates can
perform essential job functions, with or without
reasonable accommodation
6. Legal and Illegal Inquiries
• Marital/Family Status: Questions about
marital status or family are discouraged, except as
they relate to job performance
• Personal: Avoid questions related to
appearance, home ownership, and personal
financial situation
• Race/Color: No race-related questions are legal
• Religion: If Saturday or Sunday is a required work
day, you may ask candidates if they will have a
problem working on those days
