To Ask Or Not To Ask, Is That The Question?

There are so many interview questions and personal areas that we must avoid to protect ourselves from potential discrimination problems. To help increase your legal interview comfort, we've listed some of those areas to avoid. To be safer, familiarize yourself with this list and NOT with the personal side of your applicants.  

Marital and Family Status: You can ask whether the applicant can work required schedules or if there are commitments creating an attendance conflict. You can't ask any inquiry on marital status, number and age of children, child-care arrangements, or pregnancy.  

Age: You can ask a minor for proof of age, such as a work certificate. You can't ask the applicant to provide age or birth date or provide birth certificate.  

Race / Religion: You can't ask any questions requiring or leading applicants to identify their race, color, or religion.  

Citizenship: You can ask, "Can you after employment submit a birth certificate or other proof of U.S. citizenship?" You can't ask about the birthplace of the applicant or applicant's relatives. You can't require that applicants submit a birth certificate before employment or any other questions regarding national origin.  

Disability: You can ask to describe or show me how you can perform the essential functions of the job with or without accommodation. You can't ask about any disability, illness, workers' compensation, medical leaves of absence, etc.  

References: You can ask for names of persons willing to provide professional and character references. You can't ask for a religious or pastoral reference.  

Miscellaneous: You can inform applicants that any misstatements or omissions of material facts in the application may be cause for dismissal. You can't ask any information designed to elicit information regarding race, color, ancestry, age, sex, religion, disability, or arrest and court record unless based on a bona fide occupational qualification. 

Arlene Vernon, PHR, is a professional speaker, consultant and author on maximizing the human resources in your managers and your people. For more information on how HRx can help you achieve the results your organization seeks, contact Arlene today at HRx, Inc., Eden Prairie, MN 55344, 952-996-0975, www.HRxcellence.com.

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