- The following article has been taken directly from NACE
(National Association of Colleges and Employers). Visit NACE on the
web at JobWeb
or login to SRU's account with NACE
Link.
- Various federal, state, and local laws regulate the questions a
prospective employer can ask you, the job candidate. An employer's
questions--whether on the job application, in the interview, or
during the testing process--must be related to the job you're
seeking. For the employer, the focus must be: "What do I need to
know to decide whether this person can perform the functions of
this job?"
- If asked an illegal question, you have three options:
-
- You can answer the question--you're free to do so, if you wish.
However, if you choose to answer an illegal question, remember that
you are giving information that isn't related to the job; in fact,
you might be giving the "wrong" answer, which could harm your
chances of getting the job.
-
- You can refuse to answer the question, which is well within
your rights. Unfortunately, depending on how you phrase your
refusal, you run the risk of appearing uncooperative or
confrontational--hardly words an employer would use to describe the
"ideal" candidate.
-
- You can examine the question for its intent and respond with an
answer as it might apply to the job. For example, the interviewer
asks, "Are you a U.S. citizen?" or "What country are you from?"
You've been asked an illegal question. You could respond, however,
with "I am authorized to work in the United States." Similarly,
lets say the interviewer asks, "Who is going to take care of your
children when you have to travel for the job?" You might answer, "I
can meet the travel and work schedule that this job requires."
| Inquiry Area |
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 language do you read/speak/write fluently? (This question
is okay if only this ability is relevant to the performance of the
job.)
|
| Age |
- How old are you?
- When did you graduate?
- What's your birth date?
|
- Are you over the age of 18?
|
| Marital/Family Status |
- What's your marital status?
- With whom do you live?
- Do you plan to have a family? When?
- How many kids do you have?
- What are you child-care arrangements?
|
- Would you be willing to relocate if necessary?
- Would you be able and willing to travel as needed for the job?
(This question is okay if it is asked of all applicants for the
job.)
- Would you be able and willing to work overtime as necessary?
(This question is okay if it is asked of all applicants for the
job.)
|
| Affiliations |
- What clubs or social organizations do you belong to?
|
- List any professional or trade groups or other organizations
that you belong to that you consider relevant to your ability to
perform this job.
|
| Personal |
- How tall are you? How much do you weigh? (Questions about
height and weight are not acceptable unless minimum standards are
essential for the safe performance of the job.)
|
- Are you able to lift a 50-pound weight and carry it 100 yards,
as this is part 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 them and give dates when these occurred.
- What was the date of your last physical exam?
- How's your family's health?
- When did you lose your eyesight? How?
- Do you need an accommodation to perform the job? (This question
can be asked only after a job offer has been made.)
|
- Are you able to perform the essential functions of this job?
(this question is okay if the interviewer has thoroughly described
the job.)
- Can you demonstrate how you would perform the following
job-related functions?
- 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 strictly confidential, except medical/safety personnel may
be informed if emergency medical treatment is required, and
supervisors may be informed about necessary job accommodations,
based on exam results.)
|
| Arrest Record |
- Have you ever been arrested?
|
- Have you ever been convicted of ___? (The crime named 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?
|
| |
|
