Legal Guidelines Chart For Interviewing

Area of Inquiry	Permissible Inquiries	Inquiries That Must Be Avoided
Name	Have you worked for this company using a different name? Is any additional information relative to change of name, use of an assumed name necessary to enable a check on your work and educational recond? If so, explain.	Inquires about the name that would indicate lineage, ancestry, national origin, or descent. Do you prefer Miss, Ms. or Mrs. ?
Marital and Family Status	Whether applicant can meet specified work schedules or has activities, commitments, or responsibilities that may hinder the meeting of work attendance requirements. Inquires concerning duration of stay on job or anticipated absences.	Any inquiry indicating whether an applicant is married, single, divorced, engaged, etc. Are you a single parent? Do you intend to get married soon? Can you travel? Information on child care arrangements. Any questions concerning pregnancy. Number and age of children. How many people live in your household? Do you have someone who can take care of a sick child? Any similar question that directly or indirectly results in limitation of job opportunity.
Age	If a minor, it may be appropriate to ask whether the applicant meets the minimum age requirements as set by the law and indication that, upon hiring, proof of age must be submitted in the form of a birth certificate or other forms of proof of age.	Requirement that applicant state age or date of birth. How old are you? When were you born? When did you graduate high school? College? Requirement that applicant produce a birth certificate or baptismal record before hired.
Gender	Inquiry as to sex or restrictions of employment is permissible only with a BFQQ. The burden of proof rest on the employer to prove that the BFQQ does exit and that all members of the affective class are incapable of performing the job.	Sex of applicant. Any other inquiry that would indicate sex. Sex is not a BFQQ because a job involves physical labor (such as 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 can not be used for determining whether an applicant will be satisfied in a perticaular job. Employers may not request information from females that is not requested from males. Questions concerning applicant's height or weight unless you cna prove they are necessary requirements for the job to be performed.
Race and Color	Race may be requested, preferably not on the employment application, for affirmative action purposes but not to be used as employment criterion.	Applicant's race. Color of applicant's skin, eyes, or toher questions directly or indirectly indicating race.
Birthplace, Citizenship, Ancestry, and National Origin	After employment (if employed by the company), can you submit a birth certificate or other proof of US. Citizenship? If you are not a US citizen, have you a legal right to remain permanently in the US? Do you intend to remain permanently in the US? If not a citizen, are you prevented from lawfully becoming employed because of visa or immigration status? Language applicant reads, speaks, or writes fluently (if another language is necessary to perform the job).	Birthplace of applicant, parents, spouse,or other relatives. Requiring a birth certificate, naturalization, or baptismal records before employment. Any inquiry into natural origin or citizenship of the applicant, spouse, or parents. Of what country are you a citizen? What is your nationality? Are you bilingual? Whether the applicant, parents, or spouse are naturalized or native-born US citizens. Date when applicant or parents or spouse acquired US Citizenship. Inquiries into applicant's lineage, ancestry, national origin, descent, or native language. What language do you speak at home? What's the origin of your name?
Religion	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. Except in cases where undue hardship can be proven, employers must make "reasonable accommodation" for religious practices of an applicant.	Applicant's religious denominations, affliliation, church, parish, pastor, or holidays observed. Applicants may not be told that any particular religious groups are required to work on their religious holidays. Are you a member of any religious group? What church do you belong to? Do your children go to Sunday school? Can you work on Sundays? Is that a Jewish sounding last name?
Handicaps and Disabilities	Employers subject to the provisions of the Rehabilitation Act of 1973, may "invite" applicants to indicate how and to what extent they are handicapped. All applicants can be asked, "Are you able to perform the essential functions of this job with or without reasonable accommodation?"	The Rehabilitation act of 1973 forbids 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 sage performance of the job. Do you have any disabilities? Do you have a bad back? How often do you visit the Doctor? Have you ever been denied health insurance? Is your hearing good? Can you read small print? When were you in the hospital last?
Address and Residence	Applicant's Address Inquiry onto place and length of current and previous addresses (e.g. "How long a resident of the city?")	Specific inquiry into foreign addresses that would indicate national origin. Names or relationships of persons with whom resides. Whether applicant owns or rents a home.
Military Record	Type of education and experience in sevice as it relates to particular job.	Type of discharge.
Photograph	Indicate that this may be required after hiring as identification.	Requirement that applicant affic a photo to his or her application. Request that applicant, at his or her option, submit a photograph. Requirement of photo after interview but before hiring.
Education	Academic, vocational, or professional education(BFOQ). Inquiry into foreign language skills, if a second language is a BFOQ.	Asking specifically the nationality, racial affiliations, or religious aficliation of a school. Inquiry as to how foreign lanuage ability was acquired.
Experience	Applicant's work experience, including names and addresses of previous employers, dates of employment, reasons for leaving, and salary history.	Other countries visited?
Conviction, Arrest, and Court Record	Inquiry into actual convictions that relate reasonably to fitness ot perform a particular job.	Any inquiry relating to arrests. Ask or check into a person's arrest, court, or conviction record if not substantially related to fucntions and responsibilities of the particular job in question.
Relatives and Emergency Contact	Name of applicant's relative's relatives already employed by the company. Name and addresses of parent or guardian of a minor applicant. Name and address of persons to be notified in case of an accident or emergency.	Name and address of any relative of an adult applicant, other that those employed by the company. Name and address of relatives to be notified in case of accident or emergency.
Organizations	Inquiry into the professional organizations of which an applicant is a member, providing the name or character of the organization does not reveal the race, religion, color, or ancestry of the membership. What offices did you hold?	List all organizations, clubs, societies, and lodges to which you belong. The names of organizations to which an applicant belongs if such informantion would indicate through character or name the race, religion, color, or ancestry of the membership.
References	By whom were you referred for the position at the company? Names professional and/or character references for applicant.	Require the submission of a religious reference. Request reference from applicant's pastor.
Additional Areas To Avoid	Sexual Orientation Form of birth control Bankruptcy Credit cards Ownership of car Wage garnishments Car accidents Form of transportation to work Insurance claims Family plans Lawsuits or legal complaints Current or prior medication or treatment