Interview Don'ts

Studies done by Barnard Haldane Associates showed a surprising number of job applicants have been asked illegal interview questions. The study reported that 39% of respondents had been asked questions such as "Is this your maiden name? Are you a U.S. Citizen? Are you planning to have a family?" It appeared that equal numbers of men and women were asked questions that were not legal.

Another 3% of respondents said they were not sure if the questions they were asked were legal.

The majority of illegal questions that were asked pertained to age, marital status, religion, and race or ethnic background.

In addition, while not technically illegal, the study indicated employers were asking questions that would tend to reveal information that was illegal to ask. Examples included questions asking how late a person could work. This could reveal information about childcare commitments and/or marital status.

Other questions employers want to stay away from during the interview include questions that are:

Age based - State law prohibits discrimination against anyone age 40 and over simply on the basis of age. You can ask if the candidate is the minimum age required to perform the job, such as" Are you over 18?" Examples of inappropriate questions include "What year did you graduate from high school/ college?" since the employer would be capable of calculating the candidates estimate graduation age to the current year to determine their approximate age.

Imply marital or family status - Some employers inquire about these issues believing that childcare is a primary source of absenteeism. However, inquiries into the status are not legal including questions regarding day care arrangements. Employers can ask employees to provide information about dependants being covered by the health insurance but only after they have been hired to staff.

Employers cannot ask questions, during the interview or on the application form, regarding title of Mr., Mrs. And Miss. This inquiry is considered gender and/or marital status related.

Religion - A candidate cannot be asked questions regarding the religious holidays they observe. In addition, a question asking if the candidate would be available for Saturday or Sunday work may seem discouraging to a candidate whose religion does not prohibit work on one or both of these days. If your business requires weekend work, it is best to make a statement to the applicant that you make a reasonable effort to accommodate religious beliefs or practices.

Ethnicity - Any questions regarding citizenship, nationality, ancestry, or native language cannot be asked during the interview. An employer can ask if the candidate is eligible to work in the United States. If you ask this question during the interview, you should ask this of all applicants. Otherwise, it can imply discrimination if you ask it of only those candidates you think may not have citizenship. All employees are required to provide authorization of eligibility to work in the United States after they are hired.

Race - A prospective employer cannot ask any questions regarding an applicant's race, skin color, hair color, etc during the interview or on an application form. Any observations an interviewer makes regarding such should not be indicated on the application form, resume, or noted anywhere in the applicants file. An employer cannot request a photo be submitted with the application. Only after hiring can an employer ask for a photo identification (while completing the I-9 form) to confirm the identity of the employee. A photo may be taken after hiring the employee if the company requires photo I.D.'s be carried by all employees.

It is a reasonable assumption, from an applicant's viewpoint, that all questions asked during the interview and on the application form are to reveal information used in determining the employee selected for the job. If the question does not assist the employer in determining the person's qualifications for the position or ability to perform the job duties, then it should not be asked.

To protect yourself and to keep the interview focused on the job and the applicant's abilities
1) Prepare the questions ahead of time. Make sure they are all relevant to the job responsibilities.

2) Put the questions in writing on a form to be used by the interviewer during the interview. This will keep you focused.

3) Ask all applicants the same questions.

4) Make comments below the questions indicating the applicant's responses. Do not add comments anywhere that give a physical description of the applicant. Even if this helps keep the applicants straight in your mind. This is illegal and can be used against you in court.

5) Stay away from questions that imply the information listed above. This is a brief list of illegal categories. For additional information regarding illegal interview questions, you can contact the Department of Workforce Development, Equal Rights Division for the State of Wisconsin at 608-266-6860 in Madison or 414-227-4384 in Milwaukee. You can also visit them on line at www.dwd.state.wi.us/er/.