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Sample Legal and Illegal Interview Questions

Age

Inappropriate/ Illegal:

How old are you?
What year were you born?
When did you graduate from high school?

Appropriate:

Before hiring, asking if you are over the minimum age for the hours or working conditions.
After hiring, verifying same with a birth certificate or other ID, and asking date of birth on insurance forms.

Citizenship

Inappropriate/ Illegal:

Are you a citizen of the United States?
Are your parents or spouse citizens of the United States?
On what dates did you, your parents or your spouse acquire U.S. citizenship?
Are you, your parents or your spouse naturalized or native-born U.S. citizens?

Appropriate:

If you are not a U.S. citizen, do you have the legal right to remain permanently in the United States?
What is your visa status (if no to the previous question)?
Are you able to provide proof of employment eligibility upon hire?

Criminal Record

Inappropriate/ Illegal:

Have you ever been arrested?
Have you ever spent a night in jail?

Appropriate:

Have you ever been convicted of a crime?

Disability

Inappropriate/ Illegal:

Do you have any disabilities?
What's your medical history?
How does your condition affect your abilities?

Appropriate:

Can you perform the specific duties of the job?

Family

Inappropriate/ Illegal:

Questions concerning spouse, or spouse's employment, salary, arrangements, or dependents.
What kind of child care arrangements have you made?
How will your spouse feel about the amount of time you will be traveling if you get this job?

Appropriate:

Can you work overtime?
Are you able to start at 7:30 a.m.?
Whether an applicant can meet specified work schedules or has activities or commitments that may prevent him or her from meeting attendance requirements.

Marital Status

Inappropriate/ Illegal:

Are you married, divorced, separated, engaged, widowed, etc.?
Is this your maiden or married name?
Do you live with your parents?
Are you gay or straight?

Appropriate:

After hiring, marital status on tax and insurance forms.

Military

Inappropriate/ Illegal:

What type or condition is your military discharge?
Can you supply your discharge papers?
What is your experience in other than U.S. Armed Forces?

Appropriate:

Describe the relevant work experience that you acquired from the U.S. Armed Forces as it relates to this position.

National Origin

Inappropriate/ Illegal:

What is your nationality?
Where were you born?
Where are your parents from?
What's your heritage?
What is your native tongue?
How did you acquire the ability to speak, read or write a foreign language?
How did you acquire familiarity with a foreign country?
What language is spoken in your home?

Appropriate:

Verifying legal United States residence or work visa status.
What languages do you speak, read or write fluently?

Parental Status

Inappropriate/ Illegal:

How many kids do you have?
Do you plan to have children?
How old are your children?
Are you pregnant? When are you due?

Appropriate:

After hiring, asking for dependent information on tax and insurance forms.

Race or Ethnicity

Inappropriate/ Illegal:

What race are you?
Are you a member of a minority group?

Appropriate:

None

Religion or Creed

Inappropriate/ Illegal:

What is your religious affiliation?
Which religious holidays do you plan to take off from work?
Do you attend church regularly?

Appropriate:

Can you work on Saturdays and/or Sundays?

Residence

Inappropriate/ Illegal:

Do you own or rent your home?
Do you live in town?
With whom do you live?

Appropriate:

Inquiries about the address to facilitate contact with the applicant.
Will you be able to start work at 8 a.m.?

Sex

Inappropriate/ Illegal:

Do you wish to be addressed as Mr., Mrs., Miss, or Ms.?
What are your plans to have children in the future?

Appropriate:

None