Questions
on applications and during interviews
There
are some things that employers cannot ask about
on job applications or during interviews. Laws
against illegal discrimination might bar questions
such as the ones below. Note, however, that federal
discrimination laws usually apply only to employers
that have 15 or more employees. But your state
or city might have similar laws that apply to
smaller employers.
Your
race
Your national origin
Your religion
Your disability
Your age
Your sex
Your
sexual orientation
Your
prior criminal activity
Race
Your application form cannot ask any questions
about an applicant's race, including the color
of the applicant's skin, eyes, or hair. You also
cannot ask the applicant to include a photo of
him/herself with the application, because this
would indicate the applicant's race.
National
origin
You
cannot ask an applicant about his or her heritage
or national origin. That includes questions about
what country the applicant came from or "place
of birth." You also can't ask whether English
is the applicant's first language.
You
can't ask if the applicant has a "green card."
But every employer of 15 or more employees is
required by federal immigration laws to make sure
that the applicant can show that he or she can
work in the United States - even if the employer
has no reason to suspect that the applicant is
not a citizen. To do so, the applicant is required
to complete an "I-9" form. A copy of that form
is available through the Immigration and Naturalization
Service.
Religion
You
may not ask about a job applicant's religion,
if the applicant has religious beliefs or what
those beliefs are, or what religious days the
applicant observes, because those questions are
prohibited by laws against religious discrimination.
You
may, however, tell an applicant what days the
applicant will be required to work. In certain
circumstances, you might be required to accommodate
an employee whose religion forbids working on
certain days.
Disability
You
cannot ask on the application form if an applicant
has a disability - though you are permitted to
ask whether the applicant can perform the "essential
functions" of the job with or without a reasonable
accommodation.
If
a job applicant's disability is obvious in an
interview, you may not ask you how bad the disability
is - unless the question is directly related to
the applicant's ability to perform the job. For
example, if a hearing-impaired applicant applies
for a job where he or she would seldom have to
be able to hear well to do the job, you cannot
ask you how bad the applicant's hearing loss is.