Interview Guidelines

When interviewing a candidate, there are inquiries or questions you are legally not allowed to ask a candidate. To avoid asking inappropriate questions, please adhere to the guidelines outlined below.

Subject

Lawful Pre-Employment Inquiries

Unlawful Pre-Employment Inquiries

Address

Applicant's current and prior address

 

Age

Are you 18 or older?

Applicant's age or date of birth.

Arrests

Have you ever been convicted of a crime? Have you ever been arrested for a felony? 

Misdemeanor arrests which did not result in conviction* unless applicant is seeking a position with a law enforcement agency.

Birthplace

 

Birthplace of applicant and applicant's relatives; birth certificate, naturalization and baptismal records, unless required by federal law**.

Citizenship

Are you legally authorized to work in the United States?

These questions are unlawful unless asked as part of the Federal I-9 process***:
(a) Of what country are you a citizen?;
(b) Are you a naturalized or native-born citizen?; (c) Are your parents or spouse naturalized or native-born citizens?

Disability

Ability to perform the essential functions of the job with or without accommodation****.

Physical or mental conditions which are not directly related to the requirements of a specific job.

Education

Applicant's academic, vocational or professional education and schools attended.

We need people interested in a career. What are your career goals? (If true and asked of all applicants.)

Genetic Testing

 

Applicant's genetic information; requiring applicant to undergo genetic testing*.

Height or Weight

 

Applicant's height or weight*.

Marital Status

 

Marital status or children; titles such as Mr., Mrs., or Ms.*

Name

Applicant's name; other names used by applicant.

Applicant's maiden name*.

National Origin

Languages spoken and written by applicant.

Applicant's lineage, ancestry, national origin or nationality**.

Notice in Case of Emergency

Name, address and phone number of person to be notified in the case of accident or emergency.

Name, address and phone number of relative to be notified in the case of accident or emergency.

Organizations

The organizations and clubs to which applicant belongs except as noted in the "Unlawful Pre-Employment Inquiries" column.

Name of organizations to which an applicant belongs IF information would reveal the race, color, religion, national origin or ancestry of the members of the organization. 

Photograph

 

Applicant's photograph prior to hire.

Race or Color

 

Applicant's race, national origin or color.

Religion

 

Religious denomination or affiliation; religious holidays observed.

Sex

 

Applicant's gender; ability or desire to have children; child care arrangements.

*Unlawful under Michigan law only, not covered by federal law.
**Documents required by the Immigration Reform and Control Act (IRCA), 8 USCA §§ 1234a et seq., may only be collected after a conditional offer of employment has been made.
***The IRCA mandates that employers verify citizenship and work authorization, but only after a conditional offer of employment.
****This question is only lawful if applicant has been informed of the essential job functions.



Page last modified April 25, 2025