Interviewing Legally

1
Interviewing Legally
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Regarding Age

• Legal Are you 18 years or older?
• If not, how old are you?
• Illegal How old are you?
• In what year were you born?
• What is your birthday, including the year of
  birth?
• What are the ages of your children? When
  did you attend high school? What year did you
  graduate from high school?

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Regarding Disability

• Legal
• The primary functions of the position are ...
• If hired, can you perform them with or without
  reasonable accommodations?
• Illegal Do you have a disability?
• What is your height and weight?
• Have you ever been treated for any of the
  following diseases?
• Have you ever received workers compensation?
• Have you ever had a drug or alcohol problem?
• Have you ever been tested for AIDS?
• How would you describe your general health?
• When was your last physical exam?

4
Regarding Gender

• Legal None
• Illegal Any questions regarding gender!
• (Exception Questions regarding gender may be
  asked if the gender is a BFOQ. However the
  employer has the burden of establishing that the
  job requires either a man or woman and cannot be
  performed by the other sex.)

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Regarding Martial Status

• Legal None
• Illegal Are you married?
• Are you planning to get married in the near
  future?
• Are you single? Married? Divorced?
• When were you married? Divorced?
• Do you wish to be addressed as Miss, Mrs.,
  or Ms.?
• What does your spouse do?
• Will you spouse object to you working
  overtime, traveling, and so forth?

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Regarding Martial Status

• Illegal continued
• If your spouse is transferred to a different
  city, would you also move?
• If you go to work, who will take care of your
  children?
• With whom do you reside?
• Do you live with your parents?
• What is your spouses name?
• Do you own your home or rent?
• List the number and ages of your children.
• If you have children, please describe the
  provision you have made regarding child care.

7
Regarding Criminal Record

• Legal Have you ever been convicted of a
  felony?
• Illegal Have you ever been arrested?

8
Regarding Birth Control

• Legal None
• Illegal Are you planning to start a family?
• How do you feel about abortion?
• Are you capable of having children?

9
Regarding National Origin

• Legal None
• Illegal What is your nationality?
• What is the native country of your
  ancestors?
• What is the nationality of your
• parents?
• Where are your parents from?
• How did you learn to speak a foreign
  language?

10
Regarding Race

• Legal None
• Illegal What is your race or color?
• What color are your skin, eyes, and
  hair?

11
Regarding Religion

• Legal None
• Illegal Who is your pastor, clergy?
• What religious holidays do you
  observe?
• Do you attend church?
• Does your religion prevent you from
  working weekends or holidays?

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Regarding Citizenship and Residence

• Legal Are you a U.S. citizen?
• If not a citizen of the U.S., do you intend
  to become a citizen of the U.S.?
• If not a U.S. citizen, do you intend to
  remain in the U.S.?
• If not a U.S. citizen, can you legally be
  employed in the U.S.?
• If hired, can you provide proof of
  citizenship?
• What is your place of residence?
• How long have you been a resident of this
  state? City?

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Regarding Citizenship and Residence

• Illegal What country are you a citizen of?
• If a U.S. citizen, are you native-born
  or naturalized?
• Are your parents U.S. citizens?
• Is your spouse a U.S. citizen?

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Regarding Language Ability

• Legal What foreign languages can you speak and
  write?
• Illegal What is your native language?
• What is the primary language spoken
  in your home?
• How did you learn to speak or write a
  foreign language?
• What is your mother tongue?
• What language do you commonly
  speak?

15
Regarding Military Service

• Legal Have you served in the Armed
  Forces of the United States?
• Illegal Did you receive a discharge or
  release under other than honorable
  conditions?
• Have you served in the military forces
  of any country other than the United
  States?

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Regarding the Applicants Name

• Legal Have you ever worked for this company
  under a different name?
• In checking your references and work
  record, are there any names or nicknames that
  we should check under?
• Illegal What is the name listed on your birth
  certificate?
• What is your maiden name?
• Have you ever worked under another
  name?

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Regarding Organizations That the Applicant May
Belong To

• Legal What professional organizations that
  are relevant to your job do you belong to?
  
• What job related organizations, clubs,
  or other associations do you belong to?
  Please omit those that indicate your race,
  religion, color, nation al origin,
  ancestry, sex, political beliefs, or age.
• Do you enjoy being active in
  community affairs?

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Regarding Organizations That the Applicant May
Belong To

• Illegal What clubs do you belong to?
• What social or fraternal organizations
  do you belong to?
• Name all clubs, societies,
  organizations, and do forth, that you have
  belonged to.
• What are your feelings regarding labor
  unions?

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Regarding Relativesof Applicant

• Legal Do you have any relatives employed by
  this company?
• If so, what are their names?
• Illegal Any questions regarding relatives not
  employed by the company?

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Regarding Prior Employment

• Legal Would you tell us about your last job?
• What were your major duties and
  responsibilities?
• Describe a typical day in your last job.
• What were some of the problems involved in
  your last job?
• Which problems frustrated you the most?
• How did you overcome the problems
  encountered?
• How did your previous job prepare you for
  this position?
• What were your goals at your last job? Did
  you reach them?
• What position did your supervisor hold?

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Regarding Prior Employment

• Illegal What did your family think about your
  last job?
• Did your family interfere with your
  performance on the last job?
• What did your family think about you
  being required to travel on your last job?

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Regarding Financial History

• Legal If hired, will you have any problems
  obtaining a bond (only if a bond is
  required?)
• Illegal Have you ever filed for bankruptcy?
• Has your pay ever been garnished?
• Describe your credit rating?
• Have you ever been refused bonding?
• Have you ever had a bond canceled?
• Do you own a car?

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Regarding Education

• Legal In what subjects did you make good
  grades in school?
• What was your major? Why?
• Are you interested in continuing your
  education?
• Did you work while attending school?
• Did you participate in extracurricular
  activities at school?
• How did your education prepare you
  for this job?

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Regarding Education

• Illegal Did you use financial aid while
  attending school?
• Who paid for your schooling?
• Do you still owe on student loans?
• Did you live at home while
  attending school?

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Regarding Employment withYour Company

• Legal Why do you want this position?
• What can you contribute to this company?
• What qualifications do you have for this
  position?
• Do you know of any reasons or problems
  that would prevent you from working normal
  hours? Overtime?
• Do you know of any reasons that would
  prevent you from traveling (only if
  traveling is a part of the job)?
• What kind of work do you like best?

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Regarding Employment withYour Company

• Legal What do you consider your strong
  points?
• What do you consider your weak points?
• What is your strongest personal
  quality and your weakest?
• What do you want to do in your next job
  that you cannot do in your present one?
• Do you have any special skills or
  knowledge?

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Regarding Employment withYour Company

• Legal Are your skills recent?
• When did you last use a (machine or
  skill)?
• What is your career objective?
• What do you intend to do to reach
  your career objective?
• If hired, could you pass a medical
  examination designed to test your ability to
  perform essential job functions with or
  without reasonable accommodations?

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After Employment
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• After an applicant has been hired, he or she may
  be asked information regarding age, marital
  status, and who should be notified in case of an
  accident or emergency. In addition, after
  employment the individual may be required to
  provide the company with a recent photograph.

30
Can an individual be denied employment for giving
false information during the interview process?
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Consider the following case

• Richard Doe was a union carpenter and was
  referred to several jobs from the union hiring
  halls. During a slack period, he applied for a
  job as a carpenter with a non-unionized company.
  He was asked during the employment interview if
  he was a member of the carpenters union. He
  answered no. A background check revealed that
  he was a member of the union. The company,
  admitting that he was well qualified, justified
  not hiring him on the basis that he provided
  false information during the interview process.
  He contended that he was not hired because he was
  a union member. The court held that since the
  question regarding union membership was improper
  and should not have been asked, his false answer
  could not be considered. He recovered back pay
  from the company.

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Red Flags
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• Certain red flags can occur during the interview
  process. The interviewer should be on guard for
  them. They probably indicate a need for further
  investigation. Each interviewer should develop
  his or her list of red flags.

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Common Red Flags

• Unusually long pauses before answering certain
  questions.
• Inappropriate use of humor.
• Sudden change in voice volume.
• Overly complex responses to simple questions.
• Sudden change to more formal vocabulary.

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Common Red Flags

• Blushing for no apparent reason.
• Sudden significant change in manners or pace.
• Sudden loss of eye contact.
• Nonverbal clues that convey different statements
  from the verbal statements.
• Sudden heavy perspiring.

36
When red flags occur, it may be appropriate to
use follow up questions regarding the current
subject being discussed.