The Office of Equal Opportunity/Affirmative Action/University ADA Services 1

Transcription

1 DO S AND DON TS FOR INTERVIEWING APPLICANTS This pre-employment inquiry guide has been prepared to assist employers and employment agencies in conducting job interviews. It should be clearly understood that these guidelines do not attempt to list completely what questions can be asked of an applicant. The guidelines do cover the great majority of questions that cannot be asked of an applicant. Pre- employment inquires are defined as any application forms, employment interviews, arrest records, resumes, or experience or education, and to include any written testing required of an individual applying for employment. Intent is Immaterial It makes no difference that an employer or employment agency intends no discrimination in making a pre-employment inquiry as to race, religion, color, national origin, ancestry, sex, age or disability. Testing Testing is to be considered in the broadest sense to include all oral and written positions of the pre-employment process. Where the test tends to discriminate against minority groups and/or women, and is not related to the ability to perform the work for which application for employment is made, such test may amount to unlawful discrimination. Information Prior to Hiring The Guide pertains only to inquiries directed to an applicant prior to employment. Once the applicant is on the payroll, employers may enter otherwise prohibited information (e.g., photograph) in the individual s personnel file, provided such information is not used for any subsequent discrimination, as in promotions, transfer, or lay-off. An employer may hire a person subject to his or her being able to produce, on or after reporting for work, such proof of age, citizenship, or other material facts. An employer may keep information that lists the race, sex, and age of individual if that information is maintained for legitimate reporting purposes and/or to monitor the progress of an employer s Affirmative Action Program and not for any harmful discriminatory practice. It is advisable that questions pertaining to Race, Sex, or Age appear on a separate sheet of the application form; or on a detachable section of the form. Birthplace National origin Lawful: None. Proof of citizenship may be requested after hiring. Unlawful: Inquiry into birthplace of applicant, or birthplace of applicant s parent, spouse or relatives. Require prior to hiring, birth certificate, naturalization or baptismal record. Lawful: To inquire what languages applicant reads, speaks and writes fluently. Unlawful: Inquiry into applicant s lineage, ancestry, national origin, descent, parentage, or nationality. Nationality of parents or The Office of Equal Opportunity/Affirmative Action/University ADA Services 1

2 spouse. Inquiries into how applicant acquired ability to read, write, or speak a foreign language. Education Prior criminal record Relatives Military Service Organization Character Availability for Saturday Lawful: Inquiry into what academic, professional or vocational school attended. Unlawful: It is unlawful to ask specifically the nationality, racial or religious affiliation of a school attended by the applicant. It is unlawful to ask the date of graduation from High School. Lawful: None. Unlawful: The requiring of arrest and conviction information has been shown to have a disparate effect on racial minorities; it is unlawful to solicit such information. Lawful: None. Inquiry into name and address and relationship of persons to be notified in case of emergency. This information may be solicited only after hiring. Unlawful: Inquiry into the location of relatives places of business. Inquiry to determine if relatives of applicant are or have previously been employed by the employer. Lawful: Inquiry into applicant s experience or duties in United States Armed Forces. Unlawful: To require a copy of military discharge paper or military discharge number. Lawful: Inquiry into organization memberships, excluding those organizations, which may indicate race, religion, color, sex, national origin or ancestry of their members. Unlawful: Unlawful to inquire into organizations which may indicate race, religion, color, sex, national origin or ancestry of their members. Lawful: Permissible to ask applicant for character references. Unlawful: It is unlawful to inquire from references any information that is directly prohibited by the law. Acceptable: Although you may want to know about an applicant s availability for Saturday or Sunday work, the answer may not do any good since even when an applicant s religious observation makes him or her unavailable for weekend shifts, this fact cannot be used in any hiring decision. Title VII requires employers to make reasonable accommodation even for a prospective employee s {emphasis added} religious observance, unless it causes undue hardship. If you decide to ask let the applicant The Office of Equal Opportunity/Affirmative Action/University ADA Services 2

3 know that a reasonable effort will be made to accommodate any religious needs should he or she is hired. Inadvisable: Any questions about religious observance. Citizenship Credit inquires Education Height and weight Marital Status Personal Information Race or Color Religion or Creed Sex Acceptable: Whether the applicant is prevented from lawfully becoming employed in this country because of visa or immigration status. Whether applicant can provide proof of citizenship, visa, or alien registration number after hired. Inadvisable: Whether applicant is a citizen. Any requirement that the applicant present birth, naturalization or baptismal certificate before being hired. Acceptable: None, unless job related. Inadvisable: Inquires about charge accounts, bank accounts, etc. Acceptable: If the individual has the specific education or training required for the specific job. Acceptable: Inquires about ability to perform the job (without mentioning the person s height or weight). Protects those of Spanish, Asian background and women. Inadvisable: Any inquiry about height or weight not based on the actual job requirements, in which case you or your supervisors must be able to prove that a specific minimum height or weight is required to perform the job. Acceptable: None. Inadvisable: Whether the applicant is married, single, divorce, separated, engaged or widowed. Acceptable: Whether the applicant has ever worked for your organization. Whether the applicant has ever worked for your organization under another name. Names of character references. Inadvisable: General inquires about change of name through application in court or marriage. Acceptable: None. Unlawful: Ant questions about race or color. Acceptable: None. Inadvisable: Questions about applicant s religious denomination, religious affiliation, church, parish, or religious holidays observed. Acceptable: None. Inadvisable: Any question. The Office of Equal Opportunity/Affirmative Action/University ADA Services 3

4 Sexual Orientation Questions referring to sexual orientation are against University policy and should not be asked or referred to in any way. The following rules apply whenever you interview an applicant for employment, an employee for a promotion, or conduct a reference check before a person has been tentatively selected and given a conditional offer of employment. Post-offer inquiries should be conducted in the context of medical entrance examinations. DO NOT ASK: What is your corrected vision? YOU MAY ASK: Do you have 20/20 vision? DO NOT ASK questions about whether the individual has a current disability or a past disability. YOU MAY ASK whether the individual needs any reasonable accommodations or assistance during the hiring or interviewing process. DO NOT ASK whether the individual has a serious illness (such as AIDS), back problems, a history of mental illness, or any other physical or mental condition. YOU MAY ASK about the individual s ability to perform essential job functions. DO NOT ASK whether the applicant has a sexually transmitted disease, such as the HIV virus. DO NOT ASK applicants to list any conditions or diseases for which they may have been treated in the past. DO NOT ASK whether the individual has ever been hospitalized and if so, for what condition. DO NOT ASK whether a psychiatrist or psychologist has ever treated the individual and if so, for what condition. YOU MAY state the performance standards and expectations for a particular position. If the individual has a disability that is obvious to the interviewer (such as an applicant that is missing a limb or uses a wheelchair), YOU MAY give a copy of the job description to the individual who identifies all essential functions, or describe the job and ask whether the individual is able to perform all of those essential functions with or without reasonable accommodation(s). DO NOT inquire how the individual became disabled or the prognosis for the applicant. YOU MAY ASK the individual to explain or demonstrate how he or she can perform the essential functions of the job, with or without reasonable accommodation(s). DO NOT ASK questions about the nature or severity of the applicant s disability. The Office of Equal Opportunity/Affirmative Action/University ADA Services 4

5 DO NOT ASK whether an applicant has ever requested and/or received assistance or assertive devices in performing past jobs. DO NOT ASK whether the individual wears a hearing aid. YOU MAY ASK about the individual s ability to perform essential job functions. DO NOT ASK whether the applicant has ever been treated for a drug addiction or alcoholism. YOU MAY ASK about current use of ILLEGAL drugs or CURRENT alcohol use. DO NOT ASK whether applicants are taking or have been taking prescribed drugs. YOU MAY state the school s standards for on-the-job alcohol consumption, and state the school s smoking policies. DO NOT ASK how many days the applicant was absent from work last year because of illness. YOU MAY state WKU's standards for attendance including the availability, or lack thereof, of leave for newly hired employees. YOU MAY ASK about the individual s attendance at prior jobs, if the question is limited to days off or number of days late for any reason, and is not limited to days missed due to illness. DO NOT: Ask whether the individual has any disabilities or impairments that may affect performance in the position. YOU MAY ASK an individual to voluntarily disclose whether the individual has a disability if and only if, the College or University is a federal contractor with obligations under the Rehabilitation Act, has Affirmative Action obligations under state law, has voluntary Affirmative Action program for persons with disabilities, or you are otherwise instructed that you may do so for reasons relating to federal funding programs. Such disclosure must be directed to the Affirmative Action officer. DO NOT ASK whether the individual has ever filed a workers compensation claim or ever received an award of workers compensation benefits. YOU MAY ASK whether the individual has ever been involved in an accident on-the-job that injured co-workers or customers. YOU MAY ASK about an individual s accident record, especially accident s involving injury to property (such as a traffic accident who will do driving), if you avoid questions about the individuals own injuries. The Office of Equal Opportunity/Affirmative Action/University ADA Services 5

6 DO NOT ASK whether the applicant has any physical defects that preclude the applicant from performing certain kinds of work, or ask the applicant to describe such defects or specific limitations. YOU MAY ASK questions about any of the qualifications the College or University requires for the position, including: EDUCATION EXPERIENCE LICENSE TRAINING BASIC READING AND WRITING SKILLS MATHEMATICAL SKILLS, and other minimum qualification standards set by the College or University to be defensible that do not expressly relate to physical or mental conditions (such as participation in apprenticeship programs). DO NOT ASK questions of applicants with disabilities you do not ask of other applicants. YOU MAY state the school s standards and expectations and ask if the individual can meet those standards. DO NOT ASK whether the individual has a spouse, children, or other friends with disabilities. PREPARING FOR THE INTERVIEW In most cases, by the time job applicants reach the actual selection interview, they have already passed a careful evaluation of their education and experience and are considered to posses at least minimum qualifications for the particular job. The purpose of the selection interview should be to collect additional information on the applicant s job-related knowledge, skills, and abilities, which should be helpful in selecting the individual most likely to succeed on the job. The validity of the interview is based on the extent to which it predicts job success. A selection interview should be as structured as possible, yet tailored to each particular applicant. As an interviewer, you should evaluate the same general criteria for each applicant. A selection interview that follows a general standard outline will produce more reliable and valid information for selection than an unstructured interview, and is less likely to run afoul of laws and regulations governing the selection process. Applicant should be evaluated against the job description or job specifications. 1. Review the Job Description and Specifications You may need to learn as much as possible about the requirements of the job to be filled, the specific demands of the job, the salary level, and the working conditions, in order to adapt the interview to elicit relevant information. Valuable information can be derived from exit interviews with incumbents of the vacant positions. List the specific tasks performed on the job, and decide which of the tasks are critical to performance of that position. List the methods, techniques, tools, equipment, and work aids used to accomplish these tasks. 2. Specify Information Predictive of Area of Performance The Office of Equal Opportunity/Affirmative Action/University ADA Services 6

7 Identify the specific knowledge, skills, and abilities required to perform these tasks. Based on previous employees success, what qualifications were found to be essential to success on the job? What qualifications did unsuccessful employees lack? How much of the job did successful employees learn and develop while on the job? 3. Write Questions Questions should be formulated to help reveal those areas of knowledge, skills, and abilities required for a new employee to be successful on the job. The following are sample structured interview questions for a management job: Tell me about your job. To whom do you report? How many other employees report to this supervisor, and what are their job titles? What do you like most about your current job? What do you like least? What were your two most important achievements in your current job? How do you think your subordinates would describe you as a manager and supervisor? What attributes do you believe an effective manager should possess? What plans do you have for self-development in the next 12 months? What types of criticism are leveled at you most often? How do you plan and organize your work? Many of us improve our personal interaction with others as we mature. Looking back over the past two years, in what way have you improved? What steps do you generally follow in making decisions? 4. Review the Resume and Application (Note Areas to Explore) You should review the application form, resume, test scores, and any correspondence that would be useful in understanding the applicant s background. This should be done ahead of time so that this information will not have to be referred to constantly during the interview. Interviewers sometimes make the mistake of interviewing from an application form; this type of interviewing simply duplicates what is already a matter of record. In addition, some of the spontaneity and freedom that should characterize a good interview is lost. Interviewing from an application form may also limit the range of topics covered and the kind of information elicited. 5. Remember Some Applicants Have Enrolled In Short Courses On resume writing and how to conduct themselves in an interview, and have spent time and effort preparing themselves to make a good impression on you. The marketplace is full of how-to-do books on career development and finding the right job. Don t disappoint or discourage these well-prepared prospective new employees by not doing your own homework. CONDUCTING THE INTERVIEW Now that you have prepared yourself by reviewing the specific knowledge, skills, and abilities required for the job and have thoroughly familiarized yourself with the applicant s resume or application form, and perhaps a cover letter, you are ready to begin the actual job interview. The Office of Equal Opportunity/Affirmative Action/University ADA Services 7

8 Interview format. 1. Establish rapport. In the job interview, the applicant s apprehensiveness can impede the flow of useful information. The interview setting should be conductive to good communication. Ideally, a private office should be used. You should be able to talk in a conversational tone of voice and give the applicant your undivided attention. Although some people have strong personal views on matters of furniture arrangement and furnishings, these are not critical as long as both parties can feel comfortable and at ease as they face each other. In general, the emotional climate created by the interviewer is far more important than the physical environment. Your first role is that of host. A warm greeting and a suitable introduction will help establish rapport and help create a pleasant atmosphere. Remember that it is important to create a favorable impression. Research has shown that rapport between the interviewer and the applicant contributes substantially to the effectiveness of the interview. Following the greeting, some small talk is usually of value. Small talk serves to relax both the interviewer and the applicant and helps establish mutual confidence. A friendly exchange of comments creates an atmosphere that allows communication to develop more freely and rapidly than it would otherwise. 2. Explain purpose; set agenda. This will help relax the applicant by letting him or her know what is about to occur. Also, it puts you in control of the interview by providing a road map to be followed. 3. Gather predictive information. Here is where the skills of listening, probing, reflecting, summarizing, and evaluating come to play. The key to control an interview is careful listening combined with good use of questions. Both are needed to encourage and guide the applicant s sharing of facts. Your comments and questions should control the interview. A common error of ineffective interviewers is that they concentrate exclusively on the questions they intend to ask and don t hear what the applicant is saying. If you talk as much as 50 percent of the time, you are monopolizing the interview. Ideally, you should talk no more than 25 percent of the time. Your job is to listen and evaluate; as long as you are talking you are not learning anything about the applicant. Through a variety of questions and comments, it is possible to move the conversation along at an increased pace or to slow it down. Many interviewers fail to recognize the value of comments and concentrate exclusively on questions, causing the interview to resemble an interrogation. By only asking questions, you are making your task harder. You are conditioning or teaching the applicant only to answer questions, rather than encouraging spontaneous talk about things that may be important. You should avoid asking questions that require only a yes or no answer. Instead, ask open-ended questions that encourage the applicant to express ideas and information and The Office of Equal Opportunity/Affirmative Action/University ADA Services 8

9 allow more freedom in response. For example, if you ask, Did you like that job? you might receive yes or no as an answer. However, if you ask, What things did you like most about the job? you might receive several responses that will contribute to your understanding of the applicant s motivation and interest. Avoid asking leading questions. This tempts the applicant to slant answers to suit you. Your purpose in the interview is to obtain a clear and balanced picture of the applicant s qualifications for the job without indicating the responses you hope to hear. The use of words or phrases such as why, how, what, and describe, or tell me about will yield more complete answers than leading questions such as Do you like to work with people? The question, What type of work do you enjoy? for example, will elicit more information than Do you like to work outdoors? You may wish to ask such questions as: Why did you leave XYZ Company? Describe a typical day s work on your last job. If the applicant provides irrelevant material, however, you may wish to bring him or her back on course by rephrasing your original question or asking a new question. Don t be overly apprehensive about silences. Sometimes applicants bridge a silence with additional information that turns out to be quite significant to you. The silence can be beneficial as long as it doesn t become a battle of nerves between the interviewer and the applicant. Note taking can be helpful, especially if you have several interviews scheduled. It helps ensure accuracy and often reassures the applicant that you are interested in him or her as an individual. Be sure to explain ahead of time that you will be taking notes and why. One favored way of note taking calls for holding a clipboard or other support on the lap, rather than taking notes at the desk. Key words or phrases can be jotted down in a random time sequence so that the applicant is unaware of every specific bit of information being recorded. You should try to maintain eye contact while making notes. Be sure that all opinions, evaluations, and additional information are recorded immediately following the interview. 4. Describe the job and the organization. A detailed description of specific duties should probably be saved until this stage of the interview. By describing the job in detail before this stage, the interviewer may inadvertently be coaching the applicant on how he or she should appear and on how to look as good as possible. An interview is a two-way process. There are details the applicant needs to know from you about the position and the organization. Provide sufficient facts, both favorable and unfavorable, about the position, your department, promotional opportunities, etc., in a straightforward manner so that the applicant can make an intelligent decision on the acceptability of the position. The Office of Equal Opportunity/Affirmative Action/University ADA Services 9

10 In light of recent court decisions in employment-at-will cases, it is important to exercise caution in describing the prospective job. Do not, for example, assure the applicant that if hired, he or she can count on a long career, that there are no layoffs, that discharges always require just cause, or make similar comments. Discussion of salary, promotional opportunities, and tenure or other job security must be carefully worded. If it is not carefully worded, the person hired for the job may interpret this information as an implied employment contract. As implied contracts, such discussions and any promises made by the interviewer may subject the employer to lawsuits by discharged employees for breach of implied contract. In describing the job, be careful that your discussion is consistent with your personnel policy manual. (CUPA s Employment at Will: A Guide to an Eroding Doctrine by Ira Shepard, Harry Olsen, and Robert L. Duston further discusses how to avoid such pitfalls in the interview.) 5. Answer questions and allow the applicant to add information. This stage is directed toward the applicant s objectives to gather information about the job and institution and to sell himself or herself. The opportunity should be provided to accomplish both. 6. Conclude the interview. Simply thanking the applicant for his or her time and outlining what will happen next is an honest and comfortable way to end the interview. Give the applicant an appropriate date by which you will make your decision as to the successful candidate. Interviewing Protected Class Candidates As already indicated questions related to sex, age, color, race, religion, national origin, or disabilities are inappropriate when interviewing candidates for positions. Common sense, common courtesy, and a professional approach are the cardinal rules for successful interviewing as evident in the preceding sections; however, in order to ensure that you are conducting a nonsexist and nonracist interview, you should remember to: Ask the same general questions and require the same standards for all applicants; Treat all applicants with fairness, equality, and consistency; Follow a structured interview plan that will help achieve fairness in interviewing. In other words, treat women, men, and minority applicants in exactly the same way. Discriminatory behavior is improper, even when it is not intended. The appearance can be as important as the reality. The fact that you ask certain questions not related to the job wouldn t necessarily show that you mean to discriminate, but such questions can be used, and have been used, in a discriminatory way. Women, in particular, are increasingly aware and resentful of these questions. The following suggestions, some relating to women applicants and others to minority candidates, should be helpful in ensuring that no federal or state equal employment opportunity laws are violated in the interview. The Office of Equal Opportunity/Affirmative Action/University ADA Services 10

11 Ask questions that are relevant to the job itself. For instance, while in most cases men would have no reason to suppose improper significance of questions regarding marriage plans, because of past discrimination, women would. So do not inquire into: A women s marital status or nonmarital arrangements; What her husband does, how much he earns, whether he is subject to transfer, how he feels about her working or traveling; Whether she has children( or plans to), how many, and their ages; Arrangements for the care of her children; or Her views on birth control, abortion, or women s issues. You may cite the hours required by the job and ask if she will have difficulty meeting them. For example, you may say, We start at 8:00a.m. here and leave at 4:30 p.m. Will you have difficulty meeting those hours? If she brings up any problem she may foresee in childcare, etc., and then indicate what services are available. Name: Permissible Inquires: Have you worked for this company under a different name? Is any additional information relative to change of name or nickname necessary to enable a check on your work and educational record? If yes, explain. Inquiries that must be avoided: Inquiries about the name that would indicate applicant s lineage, ancestry, national origin, or descent. Inquiry into previous name of applicant where it has been changed by court order or otherwise. Indicate: Miss, Mrs., or Ms. Marital and Family Status: Permissible Inquires: Whether applicant can meet specified work schedules or has activities, commitments, or responsibilities that may hinder the meeting of work attendance requirements. Inquires, made to males and females alike, as to the duration of stay on job or anticipated absences. Inquiries that must be avoided: Any inquiry indicating whether an applicant is married, single, divorced, engaged, etc. Number and age of children. Information on child-care arrangements. Any questions concerning pregnancy. Any similar questions that directly or indirectly result in limitation of job opportunity in any way. Age: Permissible inquiries: If a minor, require proof of age in the form of a work permit or a certificate of age. Require proof of age by birth certificate after being hired. Inquiry as to whether the applicant meets the minimum age requirements as set by law and indication that, on hiring, proof of age must be submitted in the form of a birth certificate or other forms of proof of age. If age is a legal requirement: If hired, can The Office of Equal Opportunity/Affirmative Action/University ADA Services 11

12 you furnish proof of age? or statement that hire is subject to verification of age. Inquiry as to whether an applicant is younger than the employer s regular retirement age. Inquiries that must be avoided: Requirement that applicant state ages or date of birth. Requirement that applicant produce proof of age in the form of a birth certificate or baptismal record. (The Age Discrimination of Employment Act of 1967 forbids discrimination against persons over the age of 40.) Handicaps: Permissible inquiries: For employers subject to the provisions of the Rehabilitation Act of 1973, applicants may be invited to indicate how and to what extent they are handicapped. The employer must indicate to applicants that: 1) compliance with the invitation is voluntary; 2) the information is being sought only to remedy discrimination or provide opportunities for the handicapped; 3) the information will be kept confidential; and 4) refusing to provide the information will not result in adverse treatment. All applicants can be asked whether they are able to carry out all necessary job assignments and perform them in a safe manner. Inquiries that must be avoided: The Rehabilitation Act of 1973 forbids employers from asking job applicants general questions about whether they are handicapped or asking them about the nature and severity of their handicaps. An employer must be prepared to prove that any physical and mental requirements for a job are due to business necessity and the safe performance of the job. Except in cases where undue hardship can be proven, employment must make reasonable accommodations for the physical and mental limitations of an employee or applicant. Reasonable accommodation includes alteration of duties, alteration of physical setting, and provision of aids. Sex: Permissible inquires: Inquiry as to sex or restriction of employment to one sex is permissible only where a bona fide occupational qualification exists. (This BFOQ exception is interpreted very narrowly by the courts and EEOC.) The burden of proof rests on the employer to prove that the BFOQ does exist and that all members of the affected class are incapable of performing the job. Inquiries that must be avoided: Sex of applicant. Any color inquiry that would indicate sex. Sex is not a BFOQ because a job involves physical labor (such as heavy lifting) beyond the capacity of some women, nor can employment be restricted just because the job is traditionally labeled men s work or women s work. Sex cannot be used as a factor for determining whether an applicant will be satisfied in a particular job. Avoid questions concerning applicant s height and weight, unless you can prove they are necessary requirements for the job to be performed. The Office of Equal Opportunity/Affirmative Action/University ADA Services 12

13 Race or Color: Permissible inquiries: General distinguishing physical characteristics, such as scars. Inquiries that must be avoided: Applicant s race. Color of applicant s skin, eyes, hair or other questions directly or indirectly indicating race or color. Address or Duration of Residence: Permissible inquiries: Applicant s address. Inquiry into place and length of current and previous addresses, e.g., How long a resident of this state or city? Inquiries that must be avoided: Specific inquiry into foreign addresses that would indicate national origin. Name or relationship of persons with whom applicant resides. Whether applicant owns or rents home. Birthplace: Permissible inquiries: After employment (if employed by this institution), can you submit a birth certificate or other proof of U.S. citizenship? Inquiries that must be avoided: Birthplace of applicant. Birthplace of applicant s parents, spouse, or other relatives. Requirement that applicant submit a birth certificate or naturalization or baptismal record before employment. Any other inquiry into national origin. Religion: Permissible inquiries: An applicant may be advised concerning normal hours and days of work required by the job to avoid possible conflict with religious or other personal convictions. Inquiries that must be avoided: Applicant s religious denominations or affiliations, church, parish, pastor, or religious holidays observed. Applicants may not be told that any particular religious groups are required to work on their religious holidays. Any inquiry to indicate or identify religious denomination or customs. Military Record: Permissible Inquiries: Type of education and experience in service as it relates to a particular job. Inquiries that must be avoided: Type of discharge. The Office of Equal Opportunity/Affirmative Action/University ADA Services 13

14 Photograph: Permissible inquiries: Indicates this may be required after hiring for identification. Inquiries that must be avoided: Requirement that applicant affix a photograph to his or her application. Request that applicant, at his or her option, submit photograph. Requirement of photograph after interview but before hiring. Citizenship: Permissible inquiries: Are you a citizen of the United States? If you are not a U.S. citizen, have you the legal right to remain permanently in the U.S.? Do you intend to remain permanently in the U.S? If not a citizen, are you prevented from lawfully becoming employed because of visa or immigration status? Statement that, if hired, applicant may be required to submit proof of citizenship. Inquiries that must be avoided: Of what country are you a citizen? Whether applicant or his or her parents or spouse are naturalized or native-born U.S. citizens. Date when applicant or parents or spouse acquired U.S. citizenship. Requirement that applicant produce his or her naturalization papers. Whether applicant s parents or spouse are citizen of the U.S. Ancestry or National Origin: Permissible inquiries: Languages applicant reads, speaks, or writes fluently. (If another language is necessary to perform the job.) Inquiries that must be avoided: Inquiries into applicant s lineage, ancestry, national origin, descent, birthplace, or mother tongue. National origin of applicant s parents or spouse. Education: Permissible inquiries: Applicant s academic, vocational, or professional education: school attended. Inquiry into language skills such as reading, speaking, and writing foreign languages. Inquiries that must be avoided: Any inquiry asking specifically the nationality, racial affiliations, or religious affiliation of a school. Inquiry as to how foreign language ability was acquired. Experience: Permissible inquires: Applicant s work experience, including names and addresses of previous employers, dates of employment, reasons for leaving, and salary history. Other countries visited. The Office of Equal Opportunity/Affirmative Action/University ADA Services 14

15 Conviction Arrest and Court Record: Inquiry into actual convictions that relate reasonably to fitness to perform a particular job. (A conviction is a court ruling where the party is found guilty as charged. An arrest is merely the apprehending or detaining of the person to answer the alleged crime.) Inquiries that must be avoided: Any inquiry relating to arrests. Ask or check into a person s arrest, court, or conviction record if not substantially related to functions and responsibilities of the particular job in question. Relatives: Permissible inquiries: Names of applicant s relatives already employed by this company. Name and addresses of parents or guardian of minor applicant. Inquiries that must be avoided: Name or address of any relative of adult applicant, other than those employed by this company. Notice in case of emergency: Permissible inquiries: Name and address of person to be notified in case of accident or emergency. Inquiries that must be avoided: Name and address of relatives to be notified in case of accident or emergency. Organizations: Permissible inquiries: Inquiry into the organizations of which an applicant is a member providing the name or character of the organizations does not reveal the race, religion, color, or ancestry of the membership. List all professional organizations to which you belong. What offices are held? Inquiries that must be avoided: List all organizations, clubs, societies and lodges to which you belong. The names of organizations to which the applicant belongs if such information would indicate through character or name the race, religion, color, or ancestry of the membership. References: Permissible inquiries: By whom were you referred for a position here? Name of persons willing to provide professional and/or character references for applicant. Inquiries that must be avoided: Require the submission of a religious reference. Request reference from applicant s pastor. The Office of Equal Opportunity/Affirmative Action/University ADA Services 15

16 Miscellaneous: Permissible inquiries: Notice to applicants that any misstatements or omissions of material facts in the application may be cause for dismissal. Any inquiry should be avoided that, although not specifically listed among the above, is designed to elicit information as to race, color, ancestry, age, sex, religion, handicap, or arrest and court record unless based upon a bona fide occupational qualification. Reprinted from Personal Practices for Small Colleges by permission of the National Association of College and University Business Officers. The Office of Equal Opportunity/Affirmative Action/University ADA Services 16