Inappropriate Questions and Their Appropriate Counterparts

Transcription

1 Inappropriate Questions and Their Appropriate Counterparts Subject Suspect Inquiries Permissible Inquiries Age Asking a person s: Age, Birth date, Dates of attendance at elementary or high school, Graduation dates. Questions which tend to identify applicants as 40 years of age or over. Can you show proof of age upon hire? Are you at least 18 years of age? If you are not, can you produce a work permit upon hire? Applicant Referral Questions inquiring as to the name of the person who referred the applicant. How were you referred to this position? (i.e., current employee, newspaper advertisement, etc.) Arrest or Criminal Record Have you ever been arrested? Have you ever been convicted of a crime? If so, when, where, and what was the disposition of the case? Note: An employer cannot use a misdemeanor or felony convictions as an absolute bar to employment, but can consider the relationship between a conviction and the applicant s fitness for a particular job. Therefore, the number, nature and gravity, and date (s) of the conviction (s) can be used to determine whether the applicant is suitable for the position. Birthplace or Citizenship Are you a U.S. citizen? Birthplace of applicant (or applicant s parents/family). Place of birth. Are you legally authorized to work in the Unites States? Statement that proof of the applicant s legal right to work in the U.S. will be required as a condition of employment. Education Questions regarding dates of attendance at elementary or high school, graduation dates. Questions regarding ethnic, social, or religious affiliation of schools attended, sororities/fraternities, etc. Spouse s education. Questions regarding extent of education, degree(s) received, and names of schools attended, where such requirements are demonstrably related to the job. University of Northern Iowa, Human Resource Services Page 1

2 Ethnic Background, National Origin Questions requiring applicant to identify national origin, ancestors, or nationality. What is your first/native language? Proficiency in speaking, reading, and writing English (unless job related); other languages spoken. Where languages other than English are relevant to the job applied for, you may ask: What other languages, other than English, do you read or write? Can you speak, read, or write Spanish? Are you authorized to work in the United States? Ethnicity, Race Questions requiring applicant to identify ethnicity, race, color of skin, hair, or eyes. Questions requiring applicant to identify attitudes about working with, supervising, or being supervised by a person of another race. There are no job-related considerations that would justify asking an applicant a question based on race or ethnicity. Family Number of children; Ages of children; Number of pre-school children; Family plans; Spouse s income; Marital status. Questions as to availability to work should be job-related: What hours can you work? What shift(s) can you work? Can you work on weekends and/or holidays? Gender Gender of applicant: Questions regarding pregnancy, birth control, number and/or ages of children, child bearing, or child care plans. Questions inquiring whether an applicant s spouse will allow him/her to travel. Generally, there are no appropriate questions based on the applicant s gender during the interview process. Height or Weight Questions regarding an individual s height or weight. This job requires you to lift 50 pounds and carry it 100 yards on a frequent basis. Are you able to do this? Hours of Work/Attendance Questions regarding number of sick days taken at previous employer(s). Questions of ability to work employer s normal work hours: Are you able to work overtime? Questions regarding attendance record at previous employer other than for illness. University of Northern Iowa, Human Resource Services Page 2

3 Legal Matters Carr accidents; Insurance claims; Lawsuits or legal complaints; Loans; Wage assignments; Garnishments; Judgments; Bankruptcy; Credit cards. Medical History / Genetic Information There are no job-related considerations that would justify asking an applicant a question based on personal or family medical history or genetic information. An applicant may disclose medical related information in an interview; but an interviewer should not ask probing questions to gain further information. Military Service Questions regarding type of discharge received. Questions regarding reserve duty obligations. Question regarding service in foreign military. Question regarding relevant experience gained during military service: In what branch of the Armed Forces did you serve? What type of training or education did you receive in the military? Name What is your maiden name? Has your name been changed by a court order? What is your mother s maiden name? What is your spouse s name? Have you ever used any other name at school or at any placed of employment listed on your application? Is additional information, such as an assumed name, necessary in order to check job references? Organizations, Activities, Affiliations List all organizations, clubs, societies, etc., to which you belong. Questions related to political affiliation or union memberships. Do you belong to any professional or trade groups or other organizations that you consider relevant to your ability to perform this job? List all job-related organizations, clubs, or professional societies to which you belong- you should omit those which would identify your ethnicity, color, religion, gender, national origin, age, disability, or sexual orientation. University of Northern Iowa, Human Resource Services Page 3

4 References Questions directed to applicant s former employer(s), or personal references that elicit information regarding applicant s race, color, religion, creed, gender, age, national origin, or disability. List those persons willing to provide personal and/or professional references. Religion Applicant s religion: Any questions which tend to elicit information about an applicant s religious affiliation, such as questions regarding activity in church groups. Requirement that applicants include a member of the clergy as a personal reference. Statement of the employer s regular working hours, days, or shifts, and whether the applicant can work this schedule. Qualifications/ Previous Work Experience Questions regarding inflated experience requirements which are not strictly job related. Questions related to previous experience and/or skills that are pertinent to the job applied for, names and addresses of former employers, dates of prior employment, and reasons for leaving previous employers. Questions about an applicant s ability to perform both essential and marginal job functions. (Note: Employers may not refuse to hire an applicant with a disability who cannot perform a marginal function). Questions as to whether the applicant can perform a specific job function, (i.e., Can you lift 50lbs? Can you drive a truck?, etc.). Demonstrate or describe a job function and ask applicant to describe or demonstrate how he/she can perform the function. (If you ask this of one candidate, you must ask it University of Northern Iowa, Human Resource Services Page 4

5 of all candidates interviewed). Residence Do you own or rent your home? Do you have any foreign residences? How long have you lived at your present residence? Transportation Ownership of a vehicle. Form of transportation to work. Do you have reliable transportation? University of Northern Iowa, Human Resource Services Page 5