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WHAT’S LEGAL AND WHAT’S NOT

Below is a list of topics with acceptable or unacceptable questions, this will guide you through what you can and
cannot ask or discuss during an interview .

You May Ask You Must Not Ask

“Can you be reached at this address? If not, would you
ADDRESS/ care to leave another?” “Do you own your home or rent?”
RESIDENCE “Can you be reached at these telephone numbers?” If “Do you live with your spouse?”
“With whom do you live?”
not, would you care to leave another?”
“How old are you?”
“What is your date of birth?”
Only questions that verify non-minor status - i .e ., “Are you “What is your age?”
over 18?” “If hired, can you show proof of age?” “If “When were you born?”
AGE
under 18, can you, after employment, submit a work Dates of attendance or completion of
permit?” elementary or high school .
Any question that implies a preference for
persons under 40 years of age .
“Are you able to perform the essential functions of the job Any question that is likely to elicit informa-
AIDS/HIV applied for either with or without a reasonable tion regarding whether a candidate (or
accommodation? Yes or No?” current employee) has AIDS/HIV .
“Have you ever been convicted of a criminal offense?
Do not include convictions that were sealed, eradicated,
or expunged, or convictions that resulted in referral to a
diversion program .” Any question regarding an arrest that did
(Note: Convictions will not necessarily disqualify not result in a conviction .
ARRESTS AND
CONVICTIONS someone from employment . Factors such as the Any question regarding criminal records
candidate’s age and time of the offense, the seriousness that have been sealed, eradicated, or
and nature of the violation, and rehabilitation will be expunged .
considered when making any employment decisions) .
“Are there any criminal charges currently pending against
you?”
“Are you a United States citizen?”
“Are you authorized to work in the U .S .? If hired, you
will be required to submit verification of your legal right “Where were you born?”
CITIZENSHIP/ Or any other questions regarding birthplace
BIRTHPLACE to work in the United States .” (Ask this of all applicants, or citizenship status of the candidate or of
not only those appearing to the interviewer to speak a the candidate’s spouse, parents, or other
primary language other than English or be foreign-born .)
relatives .
Any questions concerning race or color of
skin, eyes, hair, etc .
COLOR OR Statement that photograph may be required after Should not require candidate to affix a
RACE employment . photograph to application, nor should
candidate be given the option of attaching
a photograph .
“Have you ever had a bankruptcy?”
“Has a court, jury, or government agency ever made “Have you ever sued or filed claims or
COURT
RECORDS a finding that you committed unlawful harassment or complaints against your employer?”
discrimination?” “Have you ever been a plaintiff in a
lawsuit?”

12 Revised February 2014
12