Interviewers can sometimes ask questions of job candidates that are not legal. Any question an interviewer asks should relate to your skills, experience and eligibility to perform the job for which you’re interviewing. The categories listed below represent protected characteristics under the Equal Employment Opportunity Commission. Questions related to these characteristics may only be asked to determine your ability and/or eligibility to perform the job. Illegal questions have no bearing on your ability to do so.
| Legal | Illegal | |
|---|---|---|
| Age | – An employer may ask whether an individual meets the minimum age requirements set by law. – “Are you over the age of 18?” is a appropriate. | – May not require an applicant’s age, date of birth, or records to prove his/her age. – Year of graduation from high school. |
| National Origin/ Citizenship | – Are you authorized to work in the United States? | – Are you a U.S. citizen? – Where were you/your parents born? – What is your “native tongue”? |
| Religion | – After an individual is hired, an employer may inquire about religious accommodations | – Any question with regard to an applicant’s religious beliefs, denomination, or any questions that indicate religious customs or holidays observed. |
| Race/Color | None | – All questions regarding a person’s race/color will be deemed illegal under state and federal laws. |
| Marital/Family Status | – Would you be willing to relocate if necessary? – Would you be able and willing to work overtime as necessary? | – Are you married? – With whom do you live? – Do you plan to have a family? – What are your child-care arrangements? |
| Personal | – Are you able to lift a 50-pound weight and carry it 100 yards, as that is part of the job? | – How tall are you? – How much do you weigh? |
| Disabilities | – Are you able to perform the essential job functions? – Can you demonstrate how you would perform the following job-related functions? | – Do you have any disabilities? – Please complete the following medical history. – How’s your family’s health? |
| Arrest Record | – Have you ever been convicted of _______? | – Have you ever been arrested? |
| Military | – In what branch of the Armed Forces did you serve? – What type of training or education did you receive in the military? | – If you’ve been in the military, were you honorably discharged? |