4120C - PRE-EMPLOYMENT INTERVIEW QUESTIONS

Asking an applicant questions prohibited by the Equal Employment Opportunity Act during pre-employment interviews could open the door for a job candidate to take legal action against the District. The following guideline outlines the questions that are appropriate and those that should be avoided.

YOU CANNOT ASK:

1. any question that would indicate race or color;

2. any question that would indicate gender, unless job-related;

3. applicant's religion or religious customs and holidays; recommendations from church officials;

4. if applicant, spouse, or parents are native-born or naturalized; date of citizenship; or for other proof of citizenship before hiring;
   
   (Proof of citizenship required on I-9 form.)

5. marital status before hiring, the number and age of children, who cares for them, and if applicant plans to have more;

6. to see military service records; about military service with any country other than U.S.;

7. nationality, racial, or religious affiliation of school attended;

8. how foreign language ability was acquired;

9. inquiries about arrests, (as contrasted with convictions), except pending charges (see below at F.);

10. listing of all clubs to which the applicant belongs or has belonged;

11. that a candidate provide a photograph before hiring or that one be taken during an interview;

12. height and weight or physical/mental characteristics which do not relate directly to the job specifications;

13. whether applicant lives with a disabled individual (whether related or not);

14. whether applicant plans to marry or plans to have a family;

15. whether applicant has any military obligations.

YOU CAN ASK:

1. for applicant's current and previous address; phone number;

2. whether applicant is eighteen (18) years of age or older;

3. whether the applicant is lawfully authorized to work in the United States;

4. if applicant has served in the U.S. armed forces including branch of service and rank attained; job-related experience acquired in the military;

5. academic, professional, or vocational school attended; language skills such as reading and writing, foreign languages, grades, degrees, majors, etc.;

6. criminal convictions; any pending felony charges; any misdemeanor charge related to sexual conduct or assault or abuse of a child;

7. personal and professional and other work references not relating to race, color, religion, gender, national origin, or ancestry;

8. professional and social organization membership, so long as affiliation does not identify and is not used to discriminate on the basis of gender, race, national origin, or ancestry;

9. willingness to perform job functions;

10. willingness to work required work schedule and under prescribed working conditions.

AFTER HIRING, YOU MAY OBTAIN:

1. marital status and number/age of dependents for insurance and tax purposes;

2. proof of age;

3. status of citizenship (I-9 Form);

4. race, if done pursuant to required or approved affirmative action plan and maintained separately from applicant file;

5. a copy of military discharge certificate.

© Neola 2003