What Not to Ask in a Job Interview

Generally, an employer should steer away from asking questions related to the following:

  • Age
  • Race, national origin
  • Gender
  • Union membership
  • Worker's compensation/history of sick days
  • Prior arrests or convictions
  • Sexual orientation

However, certain types of questions related to the following areas may be asked. *

Religion - Are the clearly stated work hours, particularly Friday or Weekend work hours acceptable to the applicant with reasonable accommodations.

National Origin/Citizenship - Is the applicant legally authorized to work in the United States. Language requirements may also be a business necessity to an employment position.

Disabilities/Health History - Is the applicant able to perform essential job functions.

Marital/Family Status - Was the applicant ever called by another name, and is the applicant able to work the expected hours/shifts and perform functions (i.e. traveling) without conflicting with other responsibilities.

Military Service - Questions should be limited to length of service, final rank upon discharge, and the type of applicable work experience acquired.

Past bankruptcies or garnishment of wages - Credit reports are still permitted as long as they are in compliance with the Fair Credit Reporting Act as well as state privacy laws.

Illegal drug/Alcohol Abuse - Only some limited questions are permitted. These may include the following: "Do you currently use illegal drugs?" "Have you ever used illegal drugs?" and "What types of illegal drugs have you used in the last 6 months?"

Clubs/Organization Memberships - You may ask "What relevant professional or trade groups do you belong to?"

Home/Car Ownership - You may ask, "Do you have a reliable method of coming to work each day?"

* For more information examine your states anti-discriminatory laws and Contact the Law Offices of A.P. Pishevar & Associates, P.C.

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