8 Interview No-No’s

Human resource professionals and managers who will be interviewing should be knowledgeable of federal and state employment laws. These laws regulate the types of questions that may be raised during the employment process.

 The following are off limits – but notice how the information can be requested:

1.  You will never be asked your age. However, it is permissible to be asked if you are over the age of eighteen on an application. The Age Discrimination in Employment Act can be reviewed here.
2. You will not be asked if you are a U.S. citizen. You will be asked to provide proof that you lawfully employable in the United States either by virtue of citizenship or by having authorization from the INS and the Labor Department. All companies are required by law to complete an I-9 verifying your INS status. Click here to the I-9.
3. You cannot be asked when you graduated from high school. It is permissible to ask what schools you have attended. A background check will verify your information, so be specific on the application. 
4. You cannot be asked your maiden name.  Be prepared to provide any names (aliases) you have been know by for completion of a background check. Failure to provide the names you have been know by can slow down the background check. Always be 100% truthful and accurate on an application. Omitting facts can be cause for an employer to reject you as a candidate.
5. You should not be asked if you have any children or what child care arrangements you have in place. Questions about family status are not job related and should not be asked. You do not have to answer.
6. You will never be asked about any medical condition. We are protected from discrimination under the Americans with Disabilities Act of 1990. If you are asked about your medical status you should visit the ADA website for information on reporting the employer. You can be asked if there are any accommodations you will need to perform the duties of the position in which you applied.
7. You cannot be asked if you smoke. An employer may review their smoking policy and ask if you will be able to adhere to it. This is also protected by law, most Human Resource professionals will avoid the question all together.
8. You cannot be required to disclose private clubs or organizations that you belong to. It is permissible to ask what professional or trade groups you belong to if it is relevant to your ability to perform this job.

If you are not sure if a question violates federal or state legislation, you are better off not asking the question and checking with your legal counsel.

Tags: background check, employment law, employment process