It’s easy to get off-track during a hiring interview—one minute you’re running through the list of job requirements, and the next you’re discussing personal details of the candidate’s life that you’re really better off not knowing.
Review this checklist frequently to help ensure you stay within the legal lines during your interviews.
Forbidden Questions—Age
- “How old are you?”
- “What is your date of birth?”
(You may ask, “Do you meet the California minimum age requirement for work?” and “Are you over 18?”)
Forbidden Questions—Availability for work and travel
- “Can you work Saturdays and Sundays?”
- “Do you have children?”
- “What are your child care arrangements?”
(You may ask, “These are the hours of work—are you available to work during these hours?” and “Work sometimes requires overtime. Can you work such a schedule?” and “Do you have any obligations that would keep you from work-related travel?”)
Forbidden Questions—Birthplace and citizenship
- “Where were you born?”
- “What is your native language?”
(You may ask, “Are you legally authorized to work in the United States?”)
Forbidden Questions—Clubs and affiliations
- “To what organizations do you belong?”
- “Do you want to tell me about any of your memberships relating to the performance of this job?”
Forbidden Questions—Disabilities
- “Do you have a disability?”
- “Have you ever filed for workers’ compensation?”
- “Have you ever been treated for any of the following conditions or diseases [followed by a checklist of various illnesses]?”
- “How many days were you absent from work because of illness last year?”
- “What prescription medications are you taking?”
- “Is there any health-related reason you may not be able to perform the job for which you are applying?”
(You may ask, “Can you perform the essential functions of the job for which you are applying?” and “Can you demonstrate to me how you would perform those functions?”)
Forbidden Questions—Economic status
- “Have you ever had your wages garnished?”
- “Do you own your own home?”
- “How long do you plan to work on this job?”
- “Have you ever filed for bankruptcy?”
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Forbidden Questions—Name
- “Have you ever had your name changed?”
- “What is your maiden name?”
(You may ask, “Is there any additional information we need about your name to verify your employment/education record?”)
Forbidden Questions—Relatives
- “Who is the relative to be notified in case of emergency?”
- “Are you married?”
- “Do you have children?”
- “Do you plan to get pregnant?”
Checklists are great because they’re completely impersonal, and they force you to jump through all the necessary hoops one by one. They also assure consistency in how operations are conducted. And that’s vital in HR, where it’s all too easy to land in court if you discriminate in how you treat one employee over another.
CEA Online’s extensive library of checklists can help keep you in control and in compliance. We’re adding to our list all the time; current selections include:
- New hires first-day checklist
- Sample self-certification safety checklist for telecommuters
- Termination checklist
- Voting leave checklist
- Cal-COBRA notice checklist
- Plus 40 more!
Sign up today and receive instant access to our complete library of checklists. Your satisfaction is 100% guaranteed.
Checklists are great because they’re completely impersonal, and they force you to jump through all the necessary hoops one by one. They also assure consistency in how operations are conducted. And that’s vital in HR, where it’s all too easy to land in court if you discriminate in how you treat one employee over another.
CEA Online’s extensive library of checklists can help keep you in control and in compliance. We’re adding to our list all the time; current selections include:
- New hires first-day checklist
- Sample self-certification safety checklist for telecommuters
- Termination checklist
- Voting leave checklist
- Cal-COBRA notice checklist
- Plus 40 more!
Sign up for a free 7-day trial today and receive instant access to our complete library of checklists. Your satisfaction is 100% guaranteed.