PHWP: Good Company Newsletter: Interview Questions: Are Yours Legally Sound?

October 20, 2009

Interview Questions: Are Yours Legally Sound?

Today’s managers don’t always get the training they need before entering into an interview situation that can put your organization at risk for legal action. Protect your organization by taking this quick quiz to see how your questions stack up. Share this quiz with your managers to help determine if they are asking job candidates the right questions, and most importantly, steering clear of asking the wrong ones.

Instructions: For each item below, please indicate whether the question is acceptable or unacceptable.

1. Are you a U.S. citizen?
2. Have you ever been arrested?
3. How long have you lived at your current address?
4. Where were you born?
5. How old are you?
6. When did you graduate from college?
7. How much longer do you plan to work before you retire?
8. Are you willing to work the required schedule?
9. What holidays will you need off?
10. Can you provide us with a picture of yourself for our records?
11. Do you have any military obligations?
12. What languages can you speak and write fluently?
13. Do you have any disabilities that would interfere with your ability to perform the job?
14. Have you ever changed your name?
15. Are you available to work overtime when it’s required?
16. Travel is an essential part of this job, are you willing to travel?
17. In case of emergency, who should we notify?
18. What do you think about dating co-workers?
19. How many sick days did you take last year?
20. Have you ever filed a worker’s compensation claim?

Answer Key

1. Unacceptable. Except in certain cases (e.g., government), you should steer clear of asking if a candidate is a citizen. On the other hand, asking “If hired, can you show proof of authorization to work in the U.S.?” is appropriate.
2. Unacceptable. An arrest does not necessarily lead to a conviction.
3. Acceptable.
4. Unacceptable. It is illegal to discriminate based on a job candidates’ place of birth, ancestry or culture. The similarly phrased question “Where are you from?” should also be avoided.
5. Unacceptable. It is illegal to discriminate against a candidate because of her/his age; however, you can verify that the candidate is eligible to work by asking if s/he is at least 18.
6. Unacceptable. Questions that can lead the interviewee to reveal her/his age, even if you are not asking for the information specifically should be avoided.
7. Unacceptable. Age discrimination is illegal, it is never appropriate to screen out a candidate just because s/he appears to be near retirement.
8. Acceptable.
9. Unacceptable. It is unacceptable to inquire about a candidate’s religion. Questioning the candidate about whether s/he is able to work the required schedule is appropriate.
10. Unacceptable. Pictures are only acceptable in certain circumstances, e.g., security-sensitive contexts, and when it is a reasonable requirement of the position, otherwise, using photographs to “compare” candidates can lead to discrimination based on gender, race, nationality, etc.
11. Unacceptable. Questions about a candidate’s and/or a spouse’s military obligations should be avoided.
12. Acceptable.
13. Unacceptable. Candidates with disabilities are protected by the ADA and as such, questions that intentionally or unintentionally reveal a disability are discriminatory. Asking “Can you perform the essential functions of the job with or without reasonable accommodation?” is acceptable, as well as “Are you able to perform the specific duties of this position?”
14. Unacceptable. Asking “Have you worked or earned a degree under another name?” is acceptable, but hinting at the marriage status of a candidate is not acceptable.
15. Acceptable.
16. Acceptable.
17. Acceptable.
18. Unacceptable. Asking about dating can lead a candidate to reveal her/his marital status.
19. Unacceptable. It is not appropriate to ask a question that could reveal an illness, disability, or parenting status; however, asking the broader question, “How many days of work did you miss last year?” is acceptable.
20. Unacceptable. Inquiring about workers’ comp claims could reveal a candidate’s disability or feed the false belief that past claims will lead to future claims (and expenses). A hiring decision based on that revelation is discriminatory.

The Psychologically Healthy Workplace Program and the American Psychological Association Practice Organization gratefully acknowledge the assistance of Elliot D. Lasson, PhD, Organizational Consultant and Adjunct Professor of Industrial/Organizational Psychology at the University of Maryland Baltimore County and University of Baltimore, Jessica McKenzie Peterson, MS, Elizabeth Mason, MS, Assessment Consultant, Fields Consulting Group, Natasha Perreault, MS, Senior Industrial/Organizational Associate, Fields Consulting Group, and Jessica L. Cohen, MS in developing this article.

PLEASE NOTE: Legal issues are complex and highly fact-specific and require legal expertise that cannot be provided by any single article. In addition, laws change over time. The information in this section should not be used as a substitute for obtaining legal advice and consultation prior to making decisions regarding individual circumstances.