Check Your Knowledge – Can You Ask These Questions In An Interview?

True. You are allowed to ask an applicant when they are able to work. This is the appropriate way to phrase this question as opposed to asking about childcare, transportation means and religious commitments which could all violate Title VII of the Civil Rights Act.

False. An employer may not ask about an applicant's workers' compensation history at the pre-offer stage but may obtain such information after making a conditional job offer. Such questions are prohibited because they are likely to reveal the existence of a disability. In addition, it is discriminatory under the ADA not to hire an individual with a disability because of speculation that the individual will cause increased workers' compensation costs.

True. You may ask whether or not the applicant has served in the military, length of service, rank at time of discharge and type of training and work experience received while in the service. You may not ask what type of discharge the applicant received from a military service.

False. The Americans with Disabilities Act ("ADA") prohibits employers from asking disability-related questions to applicants. Under the ADA, an employer cannot lawfully ask an applicant whether he has a particular disability nor ask questions that are closely related to a disability. An employer, for example, generally may not ask an applicant whether the applicant will need reasonable accommodations for the job. An employer may not ask an applicant how many sick days he took with a previous employer; this question directly relates to possible disabilities. An employer may not ask an applicant about his worker's compensation history. An employer may ask an applicant whether he can perform the essential functions of the job for which he is applying, with or without reasonable accommodation. Or ask applicants to describe how they would perform any and all job functions, as long as all applicants are asked to do this. An employer should inform all applicants of the essential functions of the position and of the employer's attendance requirements.

False. This question could be seen as inappropriate under Title VII because it indirectly asks a female applicant to disclose information regarding her marital status. Questions about marital status are frequently used to discriminate against women and to deny opportunities for female applicants. If you need to contact a former employer, you may, however, ask all applicants if they have ever been known by any other name.

True. Questions relating to an applicant's arrest record are improper, while questions of an applicant's conviction record may be asked, if job related. The employer must establish a business necessity for use of an applicant's conviction record in its employment decision. In establishing business necessity, the employer must consider three factors to justify use of a conviction record: (1) Nature and gravity of the offense for which convicted; (2) Amount of time that has elapsed since the applicant's conviction and/or completion of sentence; and (3) The nature of the job in question as it relates to the nature of the offense committed.

False. As phrased, this question is unacceptable because it could be seen as seeking information that is not job-related and which could relate to gender, national origin, religion or other status protected under Title VII. It would be more appropriate to ask: "What professional or trade groups do you belong to that you consider relevant to your ability to perform this job?"

True, IF the job requires the ability to speak and read Spanish. It is inappropriate to inquire how an applicant acquired the ability to read, write or speak a foreign language. However, if the job requires additional languages, an employer may legitimately inquire into languages the applicant speaks and writes fluently. When an English language skill is not a requirement of the work to be performed, and an employer requires English language proficiency, an adverse effect upon a particular minority group may result, creating a violation of Title VII.

False. This type of question can be considered an indirect inquiry as to an applicant's age and may create an inference of age discrimination. While such a question does not inherently violate the Age Discrimination in Employment Act, a more appropriate approach is to simply ask the interviewee if he or she has a high school diploma or equivalent.