Job Articles - Job Interview Questions - Interviewing Do's and Don'ts

By Lauraine Bifulco
President
Vantaggio HR

Recruiting and interviewing good employees is a difficult job, and if not done properly, the process can create liability for discrimination claims. Most employers are aware of the blatant discriminatory questions that you are not supposed to ask, but many get in trouble by asking apparently innocent questions in the wrong way. Here are some suggestions for both verbal job interviews as well as written job applications:

Subject	How Not to Ask	An Acceptable Way to Ask
Name:	Why was your name changed? What's your maiden name? What is the name of your spouse, children, parents?	Have you ever used any other names so that we may conduct the appropriate background checks? If you are a minor, please provide the name and address of your parents or guardian.
Birthplace:	Where were you (your spouse, parents) born? Can you provide a birth certificate or naturalization papers?	Where do you reside? How long have you lived in the city where our company is located?
Creed and Religion:	What is your religious affiliation? What church, parish, synagogue do you attend? Will any of your religious beliefs prevent you from working on certain days?	Here are the regular work days and hours for the job position in question as well as a list of holidays which our company observes and any other time off policies.
Subject	How Not to Ask	An Acceptable Way to Ask
Race or Color:	What is your race? What is the color of your skin, eyes, hair, etc.? What is your height, weight?	Unless there is a bona fide occupational requirement, do not ask these questions.
Age:	What is your date of birth? What is your age?	Employment with our company is subject to verification that you meet the legal age requirement. If hired, can you furnish proof of age? Are you over 18 years of age? If under 18, can you submit a work permit once employed? If under the age of ___, you may not qualify for participation in our retirement plan.
Education:	When did you receive your degree, diploma? What were the dates of attendance of high school, college, etc.?	Please list the schools you have attended and degrees, diplomas received.
Subject	How Not to Ask	An Acceptable Way to Ask
Citizenship:	Are you or do you intend to become a citizen of the United States? Can you produce naturalization papers or a green card?	Once hired, can you furnish verification of your legal right to work in the United States?
Natural Origin and Ancestry:	What is your lineage, ancestry, national origin, descent, parentage, nationality?	Don't discuss this topic, even if it's apparent from the person's physical appearance, speech, etc.
Language:	What language do you speak at home? What is your mother tongue? How did you learn to speak Spanish, French, etc.?	Which languages do you speak, read, understand that may be relevant to this job?
Relatives:	What is the name and/or address of a relative we may contact as a reference or in case of an emergency?	What is the name and/or address of a person we may contact as a reference or in case of an emergency? What are the names and job positions of any relatives that currently work for our company?
Subject	How Not to Ask	An Acceptable Way to Ask
Military Experience:	Have you served in any military other than the U.S. Armed Forces? Are you a member of the National Guard or the Reserves? What is your draft classification? Are you eligible for military service?	Do you have any experience in the U.S. Armed Forces? What relevant skills have you acquired? Was your separation from military service for reasons other than an honorable discharge? Have you received any notice to report for duty in the U.S. Armed Forces?
Sex and Marital Status:	What is your sex? What is your marital status? How many dependents do you have? Have you made provisions for child care? Are you pregnant, when do you plan on having children? With whom do you live?	Our company pays for medical insurance for employees only. Anyone with dependents may cover those individuals by paying the additional premium cost. Here are the regular work days and hours for the job position in question. Are you able to work at those times on a regular basis?
Arrest Record:	Do you have an arrest or conviction record? Do you have any misdemeanor convictions for possession of marijuana that are more than two years old?	Have you ever been convicted of a felony or misdemeanor? Have you had any such charges brought against you that were later reduced, dismissed, or not adjudicated due to pre-trial intervention? (YES answers may be relevant if job related, but do not necessarily bar you from employment).
Disability or Physical/Mental Condition:	What is your general medical condition? Do you have any physical or mental disabilities? Have you ever filed for workers' compensation?	Are you able to perform the essential functions of this job? If the applicant voluntarily discloses a disability, you may then ask, Can you perform the essential functions of this job with reasonable accommodation? Employment with our company will be contingent upon passing a job related physical exam.

Lauraine Bifulco is the President of Vantaggio HR, a Southern California firm providing human resource and management consulting to companies of all sizes.

Vantaggio's services include labor law compliance, handbooks, HR hotline and on-site services, new hire paperwork, posters, discipline and terminations, recruitment, HR audits, payroll and bookkeeping, benefits, sexual harassment training, safety, affirmative action plans, compensation, labor commissioner complaints, expert witness testimony, organizational development, M&A consulting, as well as outsourcing of the entire HR function.

For more information call 949-425-1262 or email: infovantaggiohr.com.

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Revised: 2008-05-29T01:31:03-0700