The following is a list of the major laws and regulations that affect the interviewing process. Before you proceed with recruiting, be sure you are familiar with these regulations:
Age Discrimination in Employment Act
Americans with Disabilities Act (ADA)
Equal Pay Act
Federal Executive Order #11246
Illinois Human Rights Act
Immigration Reform and Control Act (IRCA)
Pregnancy Discrimination Act of 1978
Title VII of the Civil Rights Act
Age Discrimination in Employment Act
Prohibits discrimination against people forty years of age and over.
Promotes the hiring, promotion, and other terms and conditions related to the employment of older people.
Necessitates that hiring decisions are based on abilities rather than age.
You May Ask:
Are you at least eighteen years of age?
You May Not Ask:
What is your date of birth?
How old are you?
What are the ages of your children?
When did you attend high school?
When did you graduate from high school?
The Americans with Disabilities Act (ADA) was enacted in 1990.
Requires facilities to be accessible to the disabled.
Prohibits employment discrimination on the basis of disability.
Prohibits pre-employment medical inquiries and examinations.
Prohibits an organization from excluding a qualified person if they can perform the “essential functions” of the job either unaided or with “reasonable accommodation.”
You May Ask:
Are you capable of performing the position’s essential job functions with or without accommodation?
Can you meet the attendance requirements of this job?
You May Not Ask:
Do you have a disability?
Do you have any previous major medical problems?
Have you ever received worker’s compensation?
How many days were you sick last year?
What prescription drugs are you currently taking?
Have you ever been treated for alcoholism or mental health problems?
Equal Pay Act
Prohibits discrimination based on sex in the payment of wages or benefits when men and women perform work requiring similar skills, effort, and responsibility for the same employer under similar working conditions.
Federal Executive Order #11246
Requires federal contractors to engage in affirmative action to address under representation in the work force based on race, ethnicity, or gender.
Illinois Human Rights Act
Provides for freedom from discrimination because of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental handicap, military status, or unfavorable military discharge in connection with employment.
The Immigration Reform and Control Act (IRCA)
Prevents the employment of illegal aliens.
Requires employers to ensure applicants are legally employable in the United States.
Requires employees to complete an Employment Eligibility Verification Form (I-9 Form).
Employers often violate the act by asking for identification only from people of color or applicants with obvious cultural, language, speech, or accent differences.
You May Ask:
Are you legally employable in the United States?
Are you able to speak/write English fluently?
What languages other than English do you speak?
You May Not Ask:
What kind of last name is “Smith”?
Where were you born? Were your parents born there?
What is your lineage or national origin?
What is your spouse’s nationality?
Are you a citizen of a country other than the United States?
What is your native tongue? How well do you speak English?
What is your maiden name?
Pregnancy Discrimination Act of 1978
Prohibits discrimination based on pregnancy.
Women affected by pregnancy, childbirth, or related medical conditions shall be treated the same as non-pregnant employees for all employment-related purposes, including fringe benefits.
You May Not Ask:
When do you plan to have children?
How many children do you have?
What are the ages of your children?
What is your maiden name?
Title VII of the Civil Rights Act
Prohibits discrimination in hiring, compensation, and terms, conditions, or privileges of employment based on race, religion, color, sex, or national origin.
You May Ask:
You may ask applicants to volunteer racial information when it is not seen by the individual or office involved in the hiring decision.
What professional organizations do you belong to?
Are you available to work weekends? (If job-related)
Have you ever used a different name(s) on your employment or educational records?
For the purposes of checking your work record and credentials, have you ever changed your name or assumed another name?
You May Not Ask:
You may not ask applicants to supply a photo in the application process.
What race are you?
Tell me all the clubs you belong to.
What place of worship do you attend?
Do you wish to be addressed as Mrs., Miss, or Ms.?
What is your spouse’s name?
Where is your spouse employed?
Avoiding Inappropriate and Illegal Questions in Interviews
The purpose of conducting any interview is to assess the applicant’s qualifications for a job position. When speaking with the applicant, it is critical that a handful of questions be approached with caution. These questions surround the issue of various forms of discrimination. Some topics can be addressed in an interview, but certain questions related to these topics cannot be asked at all. We will discuss the fine line between illegal and legal questions.
Topics to approach with caution may include: age of citizenship, criminal record, disability, family, military status, nationality, marital status, parental status, race or skin color, and sex.
Questions About Age:
It is inappropriate to ask about their age or their birth date. Inquiring about their graduation date from high school or college is also inappropriate. Before hiring, ask them if they are over the minimum age for the necessary hours or working conditions. After hiring them, verify the information with a birth certificate or other form of ID and ask for their age on insurance forms.
Which of the following are appropriate interview questions? Keep in mind it is inappropriate to ask any question about someone’s exact age prior to hiring them. You can only ask if they are above the minimum working age.
- What year did you start your first job out of college?
- What year did you get married?
- How old are you?
- Are you over the minimum working age?
- What year did you graduate from high school?
Questions About Citizenship:
It is inappropriate to ask if they are citizens or if their parents or spouse are citizens of the US. Do not inquire about when they, their parents, or their spouse obtained US citizenship or if they, their parents, or their spouse are native-born US citizens. You can ask if they have the legal right to remain permanently in the US if they are not a US citizen. Ask about their visa status if they answer no to the previous question, then ask if they are able to provide proof of employment eligibility upon hire.
Which of the following are appropriate interview questions? You cannot ask if the interviewee or anyone related to them is a citizen. You can only ask if they have the right to live in the United States.
- Were you born in France?
- How old were you when your parents became citizens?
- How long ago did your spouse become a citizen?
- Do you have the right to live a long time in the US?
- Can you provide proof of being a US citizen upon hiring?
Questions About Criminal Records: It is inappropriate to ask if they have ever been arrested. Do not ask if they have ever spent a night in jail. It is appropriate to ask if they have been convicted of a crime.
Which of the following are appropriate interview questions? During the interview process, you cannot ask if someone is a citizen of the United States. You can only ask if they have the right to be employed here.
- Can you provide proof of being a US citizen upon hiring?
- Have you ever been convicted of a crime?
- Do you have the legal right to remain in the United States?
- What is the status of your visa?
- Are you over the minimum working age?
Author:
Phidelia Johnson is a global Human Resources Practitioner with eighteen years of leadership success. With a focus on streamlining Human Resources administration, she’s well-equipped to find the right solution to a myriad of concerns. Her experience as a commercial business leader gives her a unique ability to advocate for both the employer and the employee.
In her down time, Phidelia is a master of her kitchen, creating wonderful dishes filled with passion and flavor. If she’s not cooking delicious food, she’s stretched out with a good book. She hopes to use her experience to help others, guide company leaders to best practices, and help build better professionals and stronger organizations.