Illegal Interview Questions

Age? Date of Birth?

Age based inquiries should be avoided because state law prohibits discrimination against persons age 40 and older. An age inquiry may be made to ensure a person is “old enough” to work for the job being filled, or if the job is among the few where age discrimination is permitted such as physically dangerous or hazardous work or driving a school bus.

Example of Illegal Questions

Possible Legal Alternatives

How old are you? When is your birthday? In what year were you born? In what year did you graduate from college/high school?

Are you over the age of 18? Can you, after employment, provide proof of age?

Marital/ Family Status (often alludes to sexual orientation)

The purpose of these “family” inquiries is to explore what some employers believe is a common source of absenteeism and tardiness. Typically, these questions are asked only of women making the inquiry clearly unlawful. However, even if such inquiries are made of both men and women, the questions may still be suspect. Such information has been used to discriminate against women because of society’s general presumption that they are the primary care givers. If the employer’s concern is regular work attendance, a better question would be, “Is there anything that would interfere with regular attendance at work?”

Example of Illegal Questions

Possible Legal Alternatives

Are you married or do you have a permanent partner? With whom do you live? How many children do you have? Are you pregnant? Do you expect to become have a family? When? How many children will you have? What are your child care arrangements?

Would you be willing to relocate if necessary? Travel is an important part of the job. Do you have any restrictions on your ability to travel? Do you have responsibilities or commitments that will prevent you from meeting specified work schedules? Do you anticipate any absences from work on a regular basis? If so, please explain the circumstances.

Personal

Minimum height and weight requirements are unlawful if they screen out a disproportionate number of women or minorities. Unless the employer can show that a height or weight requirement is essential for job performance, such inquiries should be avoided.

Example of Illegal Questions

Possible Legal Alternatives

How tall are you? How much do you weigh? (Questions about height and weight are always illegal unless it can be proven that there are minimum requirements to do the job.)

Are you able to lift a 50-pound weight and carry it 100 yards, as that is part of the job?

Disabilities

Inquiries about a person’s disability, health or worker’s compensation histories are unlawful if they imply or express a limitation based on disability. Under the federal Americans with Disabilities Act, any inquiry at the pre-employment stage, which would likely require an applicant to disclose a disability, is unlawful. Employers must avoid such inquiries or medical examinations before making a bona fide job offer.

However, an employer may inquire about an applicant’s ability to perform certain job functions and, within certain limits, may conduct tests of all applicants to determine if they can perform essential job functions, with or without an accommodation.

Example of Illegal Questions

Possible Legal Alternatives

Do you have any disabilities? Have you had any recent illness or operations? Please complete this medical questionnaire. What was the date of your last physical exam? How's your family's health? When did you lose your eyesight/ leg/ hearing/ etc.?

Are you able to perform the essential functions of this job with or without reasonable accommodations? (Legal if the interviewer thoroughly described the job.) Will you be able to carry out in a safe manner all job assignments necessary for this position? Are you able to lift a 50-pound weight and carry it 100 yards, as that is part of the job? NB: Medical exams are legal AFTER an offer has been extended; results should be held strictly confidential except for reasons of safety.

National Origin/ Citizenship

Inquiries about a person’s citizenship or country of birth are unlawful and imply discrimination on the basis of national origin. A lawfully immigrated alien may not be discriminated against on the basis of citizenship. The Immigration Reform and Control Act of 1986 require employers to verify the legal status and right to work of all new hires. Employers should not ask applicants to state their national origin, but should ask if they have a legal right to work in America, and explain that verification of that right must be submitted after the decision to hire has been made. To satisfy verification requirements, employers should ask all new hires for documents establishing both identity and work authorization.

Example of Illegal Questions

Possible Legal Alternatives

Where were you/your parents born? What is your native language? What is your country of citizenship? Are you a US citizen?

Do you have any language abilities that would be helpful in doing this job? (Legal if language ability is directly relevant to job performance.) Are you authorized to work in the United States?

Arrest Record

There are laws that prohibits inquiries about past arrest records but permits consideration of a current arrest. If an applicant is under arrest for an offense that is substantially related to the job, an employer may suspend judgment until the case is resolved, advises the applicant to reapply when the charge is resolved, or refuse to employ the applicant. A current employee who is arrested may be suspended if the charge is substantially related to the job.

An employer may not refuse to employ or discharge a person with a conviction record unless the circumstances of the conviction substantially relate to the circumstances of the job. If an inquiry about convictions is made, the employer should add a clarifier, “A conviction will not necessarily disqualify you from employment. It will be considered only as it may relate to the job you are seeking”. Anyone who evaluates conviction record information should be knowledgeable about how such data may be used.

Example of Illegal Questions

Possible Legal Alternatives

Have you ever been arrested?

Have you ever been convicted of ____ crime? (Legal if the crime is reasonably relevant to the job; e.g. embezzlement for a banking job.)

Military Service

It is unlawful to discriminate against someone because of membership in the National Guard, a state defense force or another state or Federal Reserve unit. Questions relevant to experience or training received in the military or to determine eligibility for any veteran’s preference required by law are acceptable.

Example of Illegal Questions

Possible Legal Alternatives

What type of discharge did you receive?

In what branch of the Armed Forces did you serve? What type of training or education did you receive in the military?

Affiliations

Example of Illegal Questions

Possible Legal Alternatives

What clubs or social organizations do you belong to? Do you go to church?

List any professional or trade groups or other organizations that you belong to that you consider relevant to your ability to perform this job.

Race/Color/Religion

This question may discourage an applicant whose religion prohibits Saturday or Sunday work. If a question about weekend work is asked, the employer should indicate that a reasonable effort is made to accommodate religious beliefs or practices. An employ-er not required to make an accommodation if doing so would create an undue hardship on the business.

Example of Illegal Questions

Possible Legal Alternatives

All questions are illegal.

Are you available for work on saturday and Sunday?

Types of Questions

Open questions-" Tell us a little about…….."	Keep in mind the selection criteria and your strengths.
Closed questions - Asked when the interviewer wants specific information, often factual or technical in nature, these questions can frequently be answered with a “yes” or “no”	Ask for clarification and elaboration of past experiences. Require you to demonstrate your technical knowledge in some area
Hypothetical questions-What would you do if…	These will assess your ability to think on your feet.
Leading questions- The answer seems logical…	As a grower representative you will require good communication skills - do you have good skills in this area? Do not give a yes/no answer. Give examples to support your response.
Multi-barrelled - two or more questions linked to the same topic	Don't be afraid to ask to have the question repeated if you can't recall the full question.
Behavioural questions - uses your past experiences to predict future behaviours	Prepare examples of how your experiences have allowed you to develop specific skills and how these could benefit the employer. STAR: Situation, Tasks, Action, Result

The ‘STAR’ Approach for Answering a Question

S: Situation – describe the situation
T: Task or problem – what dilemma or problem did you face?
A: Action – what action did you take?
R: Result – what was the result of your action?

Job Specific Questions

Can you do the job?

Do you have the knowledge sets, skill sets and personal attributes to allow you to do the job?

Types of questions could include:

What parts of your education do you see as relevant to this position?
What prompted you to study…..?
Tell me about a time when you had to communicate information to a group of people.
Tell me about a significant achievement in your life.
Tell me about a time where you had to work towards a deadline. Did you meet it? If not, what would you do differently next time?

Do you want the job?

Do you want to work in this position/organisation? Are you willing to learn? Are you ambitious and keen to succeed?

Types of questions could include:

Why do you want to work for us?
What do you know about our company/practice/business?
What are your short term/long term goals?
Where do you see yourself in five years time?
Describe a time where you set yourself a challenging goal? What happened? What would you do differently?

Will you fit in?

The interviewer wants to determine if you will be a good team player, someone who will be absorbed into the organisation without disruption to the existing team dynamics.

Types of questions could include:

Describe a time where you had to work with a group of people to achieve a common goal?
Can you give me an example of working as part of a team. What was your contribution to the team and what was the outcome of this exercise?
What would you do if…………………?

Best fit between applicant and job?

What makes you the best applicant for this position? Why should the employer take you over other applicants?

Types of questions could include:

Why do you think you are the best person for the job?
What are your strengths and weaknesses?
Can you give me five words that best describe you?
What skills and qualities can you bring to this position?

Is there anything you would like to add?

This is an opportunity to bring particular skills or qualities to the attention of the interviewer. Have you stated your major selling points?
Were you unhappy about a particular answer during the interview? This is an opportunity to address that.
Why are you the best person for the job? Tell the interviewer!

Is there anything you would like to ask us?

This is your opportunity to find out more about the job, the company, and the industry.
You could ask questions like:
What are the career prospects within your company?
What staff training and development opportunities are available?
Who would I be reporting to?
Where would I be located?
Avoid asking too many questions about salary and conditions of employment such as holidays but know what salary range you are prepared to accept.