DO’S AND DON’TS FOR INTERVIEWING APPLICANTS
This pre-employment inquiry guide has been prepared to assist employers and employment
agencies in conducting job interviews. It should be clearly understood that these guidelines do
not attempt to list completely what questions can be asked of an applicant. The guidelines do
cover the great majority of questions that cannot be asked of an applicant.
Pre- employment inquires are defined as any application forms, employment interviews, arrest
records, resumes, or experience or education, and to include any written testing required of an
individual applying for employment.
Intent is Immaterial
It makes no difference that an employer or employment agency intends no discrimination in
making a pre-employment inquiry as to race, religion, color, national origin, ancestry, sex, age or
disability.
Testing
Testing is to be considered in the broadest sense to include all oral and written positions of the
pre-employment process. Where the test tends to discriminate against minority groups and/or
women, and is not related to the ability to perform the work for which application for
employment is made, such test may amount to unlawful discrimination.
Information Prior to Hiring
The Guide pertains only to inquiries directed to an applicant prior to employment. Once the
applicant is on the payroll, employers may enter otherwise prohibited information (e.g.,
photograph) in the individual’s personnel file, provided such information is not used for any
subsequent discrimination, as in promotions, transfer, or lay-off.
An employer may hire a person subject to his or her being able to produce, on or after reporting
for work, such proof of age, citizenship, or other material facts.
An employer may keep information that lists the race, sex, and age of individual if that
information is maintained for legitimate reporting purposes and/or to monitor the progress of an
employer’s Affirmative Action Program and not for any harmful discriminatory practice. It is
advisable that questions pertaining to Race, Sex, or Age appear on a separate sheet of the
application form; or on a detachable section of the form.
Birthplace
Lawful: None. Proof of citizenship may be requested after hiring.
Unlawful: Inquiry into birthplace of applicant, or birthplace of
applicant’s parent, spouse or relatives. Require prior to hiring,
birth certificate, naturalization or baptismal record.
National origin
Lawful: To inquire what languages applicant reads, speaks and
writes fluently.
Unlawful: Inquiry into applicant’s lineage, ancestry, national
origin, descent, parentage, or nationality. Nationality of parents or
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spouse. Inquiries into how applicant acquired ability to read,
write, or speak a foreign language.
Education
Lawful: Inquiry into what academic, professional or vocational
school attended.
Unlawful: It is unlawful to ask specifically the nationality, racial or
religious affiliation of a school attended by the applicant. It is
unlawful to ask the date of graduation from High School.
Prior criminal record
Lawful: None.
Unlawful: The requiring of arrest and conviction information has
been shown to have a disparate effect on racial minorities; it is
unlawful to solicit such information.
Relatives
Lawful: None. Inquiry into name and address and relationship of
persons to be notified in case of emergency. This information may
be solicited only after hiring.
Unlawful: Inquiry into the location of relatives’ places of business.
Inquiry to determine if relatives of applicant are or have previously
been employed by the employer.
Military Service
Lawful: Inquiry into applicant’s experience or duties in United
States Armed Forces.
Unlawful: To require a copy of military discharge paper or military
discharge number.
Organization
Lawful: Inquiry into organization memberships, excluding those
organizations, which may indicate race, religion, color, sex,
national origin or ancestry of their members.
Unlawful: Unlawful to inquire into organizations which may
indicate race, religion, color, sex, national origin or ancestry of
their members.
Character
Lawful: Permissible to ask applicant for character references.
Unlawful: It is unlawful to inquire from references any information
that is directly prohibited by the law.
Availability for Saturday
Acceptable: Although you may want to know about an applicant’s
availability for Saturday or Sunday work, the answer may not do
any good since even when an applicant’s religious observation
makes him or her unavailable for weekend shifts, this fact cannot
be used in any hiring decision. Title VII requires employers to
make “reasonable accommodation” even for “a prospective
employee’s {emphasis added} religious observance,” unless it
causes “undue hardship.” If you decide to ask let the applicant
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know that a reasonable effort will be made to accommodate any
religious needs should he or she is hired.
Inadvisable: Any questions about religious observance.
Citizenship
Acceptable: Whether the applicant is prevented from lawfully
becoming employed in this country because of visa or immigration
status. Whether applicant can provide proof of citizenship, visa, or
alien registration number after hired.
Inadvisable: Whether applicant is a citizen. Any requirement that
the applicant present birth, naturalization or baptismal certificate
before being hired.
Credit inquires
Acceptable: None, unless job related.
Inadvisable: Inquires about charge accounts, bank accounts, etc.
Education
Acceptable: If the individual has the specific education or training
required for the specific job.
Height and weight
Acceptable: Inquires about ability to perform the job (without
mentioning the person’s height or weight). Protects those of
Spanish, Asian background and women.
Inadvisable: Any inquiry about height or weight not based on the
actual job requirements, in which case you or your supervisors
must be able to prove that a specific minimum height or weight is
required to perform the job.
Marital Status
Acceptable: None.
Inadvisable: Whether the applicant is married, single, divorce,
separated, engaged or widowed.
Personal Information
Acceptable: Whether the applicant has ever worked for your
organization. Whether the applicant has ever worked for your
organization under another name. Names of character references.
Inadvisable: General inquires about change of name through
application in court or marriage.
Race or Color
Acceptable: None.
Unlawful: Ant questions about race or color.
Religion or Creed
Acceptable: None.
Inadvisable: Questions about applicant’s religious denomination,
religious affiliation, church, parish, or religious holidays observed.
Sex
Acceptable: None.
Inadvisable: Any question.
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Sexual Orientation
Questions referring to sexual orientation are against University
policy and should not be asked or referred to in any way.
The following rules apply whenever you interview an applicant for employment, an
employee for a promotion, or conduct a reference check before a person has been
tentatively selected and given a conditional offer of employment. Post-offer inquiries
should be conducted in the context of medical entrance examinations.
DO NOT ASK: “What is your corrected vision?”
YOU MAY ASK: “Do you have 20/20 vision?”
DO NOT ASK questions about whether the individual has a current disability or a past disability.
YOU MAY ASK whether the individual needs any reasonable accommodations or assistance
during the hiring or interviewing process.
DO NOT ASK whether the individual has a serious illness (such as AIDS), back problems, a
history of mental illness, or any other physical or mental condition.
YOU MAY ASK about the individual’s ability to perform essential job functions.
DO NOT ASK whether the applicant has a sexually transmitted disease, such as the HIV virus.
DO NOT ASK applicants to list any conditions or diseases for which they may have been treated
in the past.
DO NOT ASK whether the individual has ever been hospitalized and if so, for what condition.
DO NOT ASK whether a psychiatrist or psychologist has ever treated the individual and if so,
for what condition.
YOU MAY state the performance standards and expectations for a particular position.
If the individual has a disability that is obvious to the interviewer (such as an applicant that
is missing a limb or uses a wheelchair), YOU MAY give a copy of the job description to the
individual who identifies all essential functions, or describe the job and ask whether the
individual is able to perform all of those essential functions with or without reasonable
accommodation(s).
DO NOT inquire how the individual became disabled or the prognosis for the applicant.
YOU MAY ASK the individual to explain or demonstrate how he or she can perform the
essential functions of the job, with or without reasonable accommodation(s).
DO NOT ASK questions about the nature or severity of the applicant’s disability.
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DO NOT ASK whether an applicant has ever requested and/or received assistance or assertive
devices in performing past jobs.
DO NOT ASK whether the individual wears a hearing aid.
YOU MAY ASK about the individual’s ability to perform essential job functions.
DO NOT ASK whether the applicant has ever been treated for a drug addiction or alcoholism.
YOU MAY ASK about current use of ILLEGAL drugs or CURRENT alcohol use.
DO NOT ASK whether applicants are taking or have been taking prescribed drugs.
YOU MAY state the school’s standards for on-the-job alcohol consumption, and state the
school’s smoking policies.
DO NOT ASK how many days the applicant was absent from work last year because of illness.
YOU MAY state WKU's standards for attendance including the availability, or lack thereof, of
leave for newly hired employees.
YOU MAY ASK about the individual’s attendance at prior jobs, if the question is limited to days
off or number of days late for any reason, and is not limited to days missed due to illness.
DO NOT: Ask whether the individual has any disabilities or impairments that may affect
performance in the position.
YOU MAY ASK an individual to voluntarily disclose whether the individual has a disability if
and only if, the College or University is a federal contractor with obligations under the
Rehabilitation Act, has Affirmative Action obligations under state law, has voluntary
Affirmative Action program for persons with disabilities, or you are otherwise instructed that
you may do so for reasons relating to federal funding programs. Such disclosure must be
directed to the Affirmative Action officer.
DO NOT ASK whether the individual has ever filed a workers’ compensation claim or ever
received an award of workers’ compensation benefits.
YOU MAY ASK whether the individual has ever been involved in an accident on-the-job that
injured co-workers or customers.
YOU MAY ASK about an individual’s accident record, especially accident’s involving injury to
property (such as a traffic accident who will do driving), if you avoid questions about the
individuals own injuries.
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DO NOT ASK whether the applicant has any physical defects that preclude the applicant from
performing certain kinds of work, or ask the applicant to describe such defects or specific
limitations.
YOU MAY ASK questions about any of the qualifications the College or University requires for
the position, including:
 EDUCATION
 EXPERIENCE
 LICENSE
 TRAINING
 BASIC READING AND WRITING SKILLS
 MATHEMATICAL SKILLS, and other minimum qualification standards set by the
College or University to be defensible that do not expressly relate to physical or
mental conditions (such as participation in apprenticeship programs).
DO NOT ASK questions of applicants with disabilities you do not ask of other applicants.
YOU MAY state the school’s standards and expectations and ask if the individual can meet those
standards.
DO NOT ASK whether the individual has a spouse, children, or other friends with disabilities.
PREPARING FOR THE INTERVIEW
In most cases, by the time job applicants reach the actual selection interview, they have already
passed a careful evaluation of their education and experience and are considered to posses at
least minimum qualifications for the particular job. The purpose of the selection interview
should be to collect additional information on the applicant’s job-related knowledge, skills, and
abilities, which should be helpful in selecting the individual most likely to succeed on the job.
The validity of the interview is based on the extent to which it predicts job success.
A selection interview should be as structured as possible, yet tailored to each particular applicant.
As an interviewer, you should evaluate the same general criteria for each applicant. A selection
interview that follows a general standard outline will produce more reliable and valid
information for selection than an unstructured interview, and is less likely to run afoul of laws
and regulations governing the selection process. Applicant should be evaluated against the job
description or job specifications.
1. Review the Job Description and Specifications
You may need to learn as much as possible about the requirements of the job to be filled, the
specific demands of the job, the salary level, and the working conditions, in order to adapt
the interview to elicit relevant information. Valuable information can be derived from exit
interviews with incumbents of the vacant positions. List the specific tasks performed on the
job, and decide which of the tasks are critical to performance of that position. List the
methods, techniques, tools, equipment, and work aids used to accomplish these tasks.
2. Specify Information Predictive of Area of Performance
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Identify the specific knowledge, skills, and abilities required to perform these tasks. Based
on previous employees’ success, what qualifications were found to be essential to success on
the job? What qualifications did unsuccessful employees lack? How much of the job did
successful employees learn and develop while on the job?
3. Write Questions
Questions should be formulated to help reveal those areas of knowledge, skills, and abilities
required for a new employee to be successful on the job. The following are sample
structured interview questions for a management job:
 Tell me about your job. To whom do you report? How many other employees report
to this supervisor, and what are their job titles? What do you like most about your
current job? What do you like least?
 What were your two most important achievements in your current job?
 How do you think your subordinates would describe you as a manager and supervisor?
 What attributes do you believe an effective manager should possess?
 What plans do you have for self-development in the next 12 months?
 What types of criticism are leveled at you most often?
 How do you plan and organize your work?
 Many of us improve our personal interaction with others as we mature. Looking back
over the past two years, in what way have you improved?
 What steps do you generally follow in making decisions?
4. Review the Resume and Application (Note Areas to Explore)
You should review the application form, resume, test scores, and any correspondence that
would be useful in understanding the applicant’s background. This should be done ahead of
time so that this information will not have to be referred to constantly during the interview.
Interviewers sometimes make the mistake of interviewing from an application form; this type
of interviewing simply duplicates what is already a matter of record. In addition, some of the
spontaneity and freedom that should characterize a good interview is lost. Interviewing from
an application form may also limit the range of topics covered and the kind of information
elicited.
5. Remember Some Applicants Have Enrolled In Short Courses
On resume writing and how to conduct themselves in an interview, and have spent time and
effort preparing themselves to make a good impression on you. The marketplace is full of
how-to-do books on career development and finding the right job. Don’t disappoint or
discourage these well-prepared prospective new employees by not doing your own
homework.
CONDUCTING THE INTERVIEW
Now that you have prepared yourself by reviewing the specific knowledge, skills, and
abilities required for the job and have thoroughly familiarized yourself with the applicant’s
resume or application form, and perhaps a cover letter, you are ready to begin the actual job
interview.
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Interview format.
1. Establish rapport.
In the job interview, the applicant’s apprehensiveness can impede the flow of useful
information. The interview setting should be conductive to good communication.
Ideally, a private office should be used. You should be able to talk in a conversational
tone of voice and give the applicant your undivided attention. Although some people
have strong personal views on matters of furniture arrangement and furnishings, these are
not critical as long as both parties can feel comfortable and at ease as they face each
other. In general, the emotional climate created by the interviewer is far more important
than the physical environment.
Your first role is that of host. A warm greeting and a suitable introduction will help
establish rapport and help create a pleasant atmosphere. Remember that it is important to
create a favorable impression. Research has shown that rapport between the interviewer
and the applicant contributes substantially to the effectiveness of the interview.
Following the greeting, some “small talk” is usually of value. “Small talk” serves to
relax both the interviewer and the applicant and helps establish mutual confidence. A
friendly exchange of comments creates an atmosphere that allows communication to
develop more freely and rapidly than it would otherwise.
2. Explain purpose; set agenda.
This will help relax the applicant by letting him or her know what is about to occur.
Also, it puts you in control of the interview by providing a “road map” to be followed.
3. Gather predictive information.
Here is where the skills of listening, probing, reflecting, summarizing, and evaluating
come to play. The key to control an interview is careful listening combined with good
use of questions. Both are needed to encourage and guide the applicant’s sharing of
facts. Your comments and questions should control the interview.
A common error of ineffective interviewers is that they concentrate exclusively on the
questions they intend to ask and don’t hear what the applicant is saying. If you talk as
much as 50 percent of the time, you are monopolizing the interview. Ideally, you should
talk no more than 25 percent of the time. Your job is to listen and evaluate; as long as
you are talking you are not learning anything about the applicant.
Through a variety of questions and comments, it is possible to move the conversation
along at an increased pace or to slow it down. Many interviewers fail to recognize the
value of comments and concentrate exclusively on questions, causing the interview to
resemble an interrogation. By only asking questions, you are making your task harder.
You are conditioning or teaching the applicant only to answer questions, rather than
encouraging spontaneous talk about things that may be important.
You should avoid asking questions that require only a “yes” or “no” answer. Instead, ask
open-ended questions that encourage the applicant to express ideas and information and
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allow more freedom in response. For example, if you ask, “Did you like that job?” you
might receive “yes” or “no” as an answer. However, if you ask, “What things did you
like most about the job?” you might receive several responses that will contribute to your
understanding of the applicant’s motivation and interest.
Avoid asking leading questions. This tempts the applicant to slant answers to suit you.
Your purpose in the interview is to obtain a clear and balanced picture of the applicant’s
qualifications for the job without indicating the responses you hope to hear.
The use of words or phrases such as “why”, “how”, “what”, and “describe”, or “tell me
about” will yield more complete answers than leading questions such as “Do you like to
work with people?” The question, “What type of work do you enjoy?” for example, will
elicit more information than “Do you like to work outdoors?”
You may wish to ask such questions as: “Why did you leave XYZ Company?”
“Describe a typical day’s work on your last job.” If the applicant provides irrelevant
material, however, you may wish to bring him or her back on course by rephrasing your
original question or asking a new question.
Don’t be overly apprehensive about silences. Sometimes applicants bridge a silence with
additional information that turns out to be quite significant to you. The silence can be
beneficial as long as it doesn’t become a battle of nerves between the interviewer and the
applicant.
Note taking can be helpful, especially if you have several interviews scheduled. It helps
ensure accuracy and often reassures the applicant that you are interested in him or her as
an individual. Be sure to explain ahead of time that you will be taking notes and why.
One favored way of note taking calls for holding a clipboard or other support on the lap,
rather than taking notes at the desk. Key words or phrases can be jotted down in a
random time sequence so that the applicant is unaware of every specific bit of
information being recorded. You should try to maintain eye contact while making notes.
Be sure that all opinions, evaluations, and additional information are recorded
immediately following the interview.
4. Describe the job and the organization.
A detailed description of specific duties should probably be saved until this stage of the
interview. By describing the job in detail before this stage, the interviewer may
inadvertently be coaching the applicant on how he or she should appear and on how to
look as good as possible.
An interview is a two-way process. There are details the applicant needs to know from
you about the position and the organization. Provide sufficient facts, both favorable and
unfavorable, about the position, your department, promotional opportunities, etc., in a
straightforward manner so that the applicant can make an intelligent decision on the
acceptability of the position.
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In light of recent court decisions in employment-at-will cases, it is important to exercise
caution in describing the prospective job. Do not, for example, assure the applicant that
if hired, he or she can count on a long career, that there are no layoffs, that discharges
always require “just cause,” or make similar comments. Discussion of salary,
promotional opportunities, and tenure or other job security must be carefully worded. If
it is not carefully worded, the person hired for the job may interpret this information as an
implied employment contract. As implied contracts, such discussions and any promises
made by the interviewer may subject the employer to lawsuits by discharged employees
for breach of implied contract. In describing the job, be careful that your discussion is
consistent with your personnel policy manual. (CUPA’s Employment at Will: A Guide
to an Eroding Doctrine by Ira Shepard, Harry Olsen, and Robert L. Duston further
discusses how to avoid such pitfalls in the interview.)
5. Answer questions and allow the applicant to add information.
This stage is directed toward the applicant’s objectives to gather information about the
job and institution and to sell himself or herself. The opportunity should be provided to
accomplish both.
6. Conclude the interview.
Simply thanking the applicant for his or her time and outlining what will happen next is
an honest and comfortable way to end the interview. Give the applicant an appropriate
date by which you will make your decision as to the successful candidate.
Interviewing Protected Class Candidates
As already indicated questions related to sex, age, color, race, religion, national origin, or
disabilities are inappropriate when interviewing candidates for positions. Common sense,
common courtesy, and a professional approach are the cardinal rules for successful
interviewing as evident in the preceding sections; however, in order to ensure that you are
conducting a nonsexist and nonracist interview, you should remember to:
 Ask the same general questions and require the same standards for all applicants;
 Treat all applicants with fairness, equality, and consistency;
 Follow a structured interview plan that will help achieve fairness in interviewing.
In other words, treat women, men, and minority applicants in exactly the same way.
Discriminatory behavior is improper, even when it is not intended. The appearance can
be as important as the reality. The fact that you ask certain questions not related to the
job wouldn’t necessarily show that you mean to discriminate, but such questions can be
used, and have been used, in a discriminatory way. Women, in particular, are
increasingly aware and resentful of these questions.
The following suggestions, some relating to women applicants and others to minority
candidates, should be helpful in ensuring that no federal or state equal employment
opportunity laws are violated in the interview.
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Ask questions that are relevant to the job itself. For instance, while in most cases men
would have no reason to suppose improper significance of questions regarding marriage
plans, because of past discrimination, women would. So do not inquire into:
 A women’s marital status or nonmarital arrangements;
 What her husband does, how much he earns, whether he is subject to transfer, how he
feels about her working or traveling;
 Whether she has children( or plans to), how many, and their ages;
 Arrangements for the care of her children; or
 Her views on birth control, abortion, or women’s issues.
You may cite the hours required by the job and ask if she will have difficulty meeting
them. For example, you may say, “We start at 8:00a.m. here and leave at 4:30 p.m. Will
you have difficulty meeting those hours?” If she brings up any problem she may foresee
in childcare, etc., and then indicate what services are available.
Name:
Permissible Inquires: “Have you worked for this company under a different name?” “Is
any additional information relative to change of name or nickname necessary to enable a
check on your work and educational record? If yes, explain.”
Inquiries that must be avoided: Inquiries about the name that would indicate applicant’s
lineage, ancestry, national origin, or descent. Inquiry into previous name of applicant
where it has been changed by court order or otherwise. “Indicate: Miss, Mrs., or Ms.”
Marital and Family Status:
Permissible Inquires: Whether applicant can meet specified work schedules or has
activities, commitments, or responsibilities that may hinder the meeting of work
attendance requirements. Inquires, made to males and females alike, as to the duration
of stay on job or anticipated absences.
Inquiries that must be avoided: Any inquiry indicating whether an applicant is married,
single, divorced, engaged, etc. Number and age of children. Information on child-care
arrangements. Any questions concerning pregnancy. Any similar questions that directly
or indirectly result in limitation of job opportunity in any way.
Age:
Permissible inquiries: If a minor, require proof of age in the form of a work permit or a
certificate of age. Require proof of age by birth certificate after being hired. Inquiry as
to whether the applicant meets the minimum age requirements as set by law and
indication that, on hiring, proof of age must be submitted in the form of a birth
certificate or other forms of proof of age. If age is a legal requirement: “If hired, can
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you furnish proof of age?” or statement that hire is subject to verification of age.
Inquiry as to whether an applicant is younger than the employer’s regular retirement age.
Inquiries that must be avoided: Requirement that applicant state ages or date of birth.
Requirement that applicant produce proof of age in the form of a birth certificate or
baptismal record. (The Age Discrimination of Employment Act of 1967 forbids
discrimination against persons over the age of 40.)
Handicaps:
Permissible inquiries: For employers subject to the provisions of the Rehabilitation Act
of 1973, applicants may be “invited to indicate how and to what extent they are
handicapped. The employer must indicate to applicants that: 1) compliance with the
invitation is voluntary; 2) the information is being sought only to remedy discrimination
or provide opportunities for the handicapped; 3) the information will be kept
confidential; and 4) refusing to provide the information will not result in adverse
treatment. All applicants can be asked whether they are able to carry out all necessary
job assignments and perform them in a safe manner.
Inquiries that must be avoided: The Rehabilitation Act of 1973 forbids employers from
asking job applicants’ general questions about whether they are handicapped or asking
them about the nature and severity of their handicaps. An employer must be prepared to
prove that any physical and mental requirements for a job are due to “business
necessity” and the safe performance of the job. Except in cases where undue hardship
can be proven, employment must make “reasonable accommodations” for the physical
and mental limitations of an employee or applicant. “Reasonable accommodation”
includes alteration of duties, alteration of physical setting, and provision of aids.
Sex:
Permissible inquires: Inquiry as to sex or restriction of employment to one sex is
permissible only where a bona fide occupational qualification exists. (This BFOQ
exception is interpreted very narrowly by the courts and EEOC.) The burden of proof
rests on the employer to prove that the BFOQ does exist and that all members of the
affected class are incapable of performing the job.
Inquiries that must be avoided: Sex of applicant. Any color inquiry that would indicate
sex. Sex is not a BFOQ because a job involves physical labor (such as heavy lifting)
beyond the capacity of some women, nor can employment be restricted just because the
job is traditionally labeled “men’s work” or “women’s work.” Sex cannot be used as a
factor for determining whether an applicant will be satisfied in a particular job. Avoid
questions concerning applicant’s height and weight, unless you can prove they are
necessary requirements for the job to be performed.
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Race or Color:
Permissible inquiries: General distinguishing physical characteristics, such as scars.
Inquiries that must be avoided: Applicant’s race. Color of applicant’s skin, eyes, hair or
other questions directly or indirectly indicating race or color.
Address or Duration of Residence:
Permissible inquiries: Applicant’s address. Inquiry into place and length of current and
previous addresses, e.g., “How long a resident of this state or city?”
Inquiries that must be avoided: Specific inquiry into foreign addresses that would
indicate national origin. Name or relationship of persons with whom applicant resides.
Whether applicant owns or rents home.
Birthplace:
Permissible inquiries: “After employment (if employed by this institution), can you
submit a birth certificate or other proof of U.S. citizenship?”
Inquiries that must be avoided: Birthplace of applicant. Birthplace of applicant’s
parents, spouse, or other relatives. Requirement that applicant submit a birth certificate
or naturalization or baptismal record before employment. Any other inquiry into
national origin.
Religion:
Permissible inquiries: An applicant may be advised concerning normal hours and days
of work required by the job to avoid possible conflict with religious or other personal
convictions.
Inquiries that must be avoided: Applicant’s religious denominations or affiliations,
church, parish, pastor, or religious holidays observed. Applicants may not be told that
any particular religious groups are required to work on their religious holidays. Any
inquiry to indicate or identify religious denomination or customs.
Military Record:
Permissible Inquiries: Type of education and experience in service as it relates to a
particular job.
Inquiries that must be avoided: Type of discharge.
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Photograph:
Permissible inquiries: Indicates this may be required after hiring for identification.
Inquiries that must be avoided: Requirement that applicant affix a photograph to his or
her application. Request that applicant, at his or her option, submit photograph.
Requirement of photograph after interview but before hiring.
Citizenship:
Permissible inquiries: “Are you a citizen of the United States?” “If you are not a U.S.
citizen, have you the legal right to remain permanently in the U.S.?” “Do you intend to
remain permanently in the U.S?” “If not a citizen, are you prevented from lawfully
becoming employed because of visa or immigration status?” Statement that, if hired,
applicant may be required to submit proof of citizenship.
Inquiries that must be avoided: “Of what country are you a citizen?” “Whether
applicant or his or her parents or spouse are naturalized or native-born U.S. citizens.
Date when applicant or parents or spouse acquired U.S. citizenship. Requirement that
applicant produce his or her naturalization papers. Whether applicant’s parents or
spouse are citizen of the U.S.
Ancestry or National Origin:
Permissible inquiries: Languages applicant reads, speaks, or writes fluently. (If another
language is necessary to perform the job.)
Inquiries that must be avoided: Inquiries into applicant’s lineage, ancestry, national
origin, descent, birthplace, or mother tongue. National origin of applicant’s parents or
spouse.
Education:
Permissible inquiries: Applicant’s academic, vocational, or professional education:
school attended. Inquiry into language skills such as reading, speaking, and writing
foreign languages.
Inquiries that must be avoided: Any inquiry asking specifically the nationality, racial
affiliations, or religious affiliation of a school. Inquiry as to how foreign language
ability was acquired.
Experience:
Permissible inquires: Applicant’s work experience, including names and addresses of
previous employers, dates of employment, reasons for leaving, and salary history. Other
countries visited.
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Conviction Arrest and Court Record: Inquiry into actual convictions that relate
reasonably to fitness to perform a particular job. (A conviction is a court ruling where
the party is found guilty as charged. An arrest is merely the apprehending or detaining
of the person to answer the alleged crime.)
Inquiries that must be avoided: Any inquiry relating to arrests. Ask or check into a
person’s arrest, court, or conviction record if not substantially related to functions and
responsibilities of the particular job in question.
Relatives:
Permissible inquiries: Names of applicant’s relatives already employed by this company.
Name and addresses of parents or guardian of minor applicant.
Inquiries that must be avoided: Name or address of any relative of adult applicant, other
than those employed by this company.
Notice in case of emergency:
Permissible inquiries: Name and address of person to be notified in case of accident or
emergency.
Inquiries that must be avoided: Name and address of relatives to be notified in case of
accident or emergency.
Organizations:
Permissible inquiries: Inquiry into the organizations of which an applicant is a member
providing the name or character of the organizations does not reveal the race, religion,
color, or ancestry of the membership. “List all professional organizations to which you
belong. What offices are held?”
Inquiries that must be avoided: “List all organizations, clubs, societies and lodges to
which you belong.” The names of organizations to which the applicant belongs if such
information would indicate through character or name the race, religion, color, or
ancestry of the membership.
References:
Permissible inquiries: “By whom were you referred for a position here?” Name of
persons willing to provide professional and/or character references for applicant.
Inquiries that must be avoided: Require the submission of a religious reference. Request
reference from applicant’s pastor.
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Miscellaneous:
Permissible inquiries: Notice to applicants that any misstatements or omissions of
material facts in the application may be cause for dismissal.
Any inquiry should be avoided that, although not specifically listed among the above, is
designed to elicit information as to race, color, ancestry, age, sex, religion, handicap, or
arrest and court record unless based upon a bona fide occupational qualification.
Reprinted from Personal Practices for Small Colleges by permission of the National
Association of College and University Business Officers.
The Office of Equal Opportunity/Affirmative Action/University ADA Services
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