Interview-Can't Ask


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interviewing - what CAN'T be asked

Gender

  • Hiring persons based on whether they are men or women is unlawful.  Assuming that women cannot perform the duties of a job should be avoided.  Instead, women should be allowed to prove they can perform the duties of the position.

Ethnic Origin

  • Any information about an applicants origin should not be asked for.  This includes information about applicant's place of birth, or spouse.

Conviction

  • A judgment can be made on a conviction record other than an arrest record, because a conviction is an indication of guilt.  Although, if you are hiring a person to park cars, a conviction of grand theft auto would be relevant, whereas a failure to pay rent that was brought to court would not be relevant.

Age

  • Questions about an applicants age or date of birth should be avoided.  However the question may be used to retrieve information to comply with the child labor law.  For example - "Are you under 18?"

Pregnancy

  • Discrimination based on pregnancy or childbirth is illegal.  Questions regarding family plans, and birth control techniques can also be discriminatory because they are not also asked to men.
 

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