Alan Ibbotson

Interview Questions to Avoid, Part 2
June 27, 2007

This week, we give you the 101 on how to avoid asking discriminatory questions during your hiring process. Here are five more categories of questions to stay well away from if you want to stay on the right side of the law!

• Citizenship - unless required by law or regulation, you may not ask applicants if they are U.S. citizens since it is considered discriminatory under the Immigration Reform and Control Act. It is appropriate to ask if candidates are authorized to work in the United States.

  OK - “Are you legally authorized to work in the U.S.?” or “If hired, can you show proof of your eligibility to work in the United States?”

  Not OK – “Are you a U.S citizen?”

• Disability - the Americans with Disabilities Act makes it illegal to ask questions about an applicant's mental/physical disability or perceived disability - it also extends to alcoholism, drug addiction and AIDS.

  OK – “Are you able to perform the essential functions of this job with or without reasonable accommodation?” (Refer to Job Description for essential functions)

  Not OK – “Are you taking any medications?” or “Have you ever been hospitalized or received worker’s compensation?”

• Education - relevant if it is directly related to successful job performance - if not, avoid it. (Refer to Job Description) 
• Emergency contact - unnecessary at the application stage - and it can be discriminatory if it reveals information about the applicant's membership in a protected class. It is appropriate to ask once an employee is hired.

• Gender or sexual orientation – not job related and unnecessary.

  In our next blog, we’ll give you 5 more categories of potential danger zones for your interview questions and tips on how to get around them.

Posted by Alan Ibbotson on June 27, 2007 | Comments (0)