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***: |
|
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.