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Hiring Interview Guide
This information is only a guide to evaluate pre-employment inquiries, written or oral, to avoid potential discrimination. If you have questions about this chart or other areas of employment law, please call Alicia Gutierrez or Mark Glenn at (505) 843-9440.
Address
It is not discriminatory to ask:
Applicant’s current and previous address and length of residence.
Inquiries into foreign addresses which would indicate national origin.
It may be discriminatory to ask:
Whether applicant owns or rents his or her home.
Relationship of person(s) with whom applicant lives.
Age
It is not discriminatory to ask:
“If hired, can you submit proof of age?” or statement that selection is subject to proof of age if age is a legal requirement.
If applicant is a minor, proof of age in form of work permit, certificate of age or birth certificate.
It may be discriminatory to ask:
Requirement for birth or baptismal certificate as proof of age prior to selection.
Ancestry or National Origin
It is not discriminatory to ask:
“Are you legally entitled to work in the U.S.?” may inform applicants that they will be required to complete an I-9 form verifying either their citizenship or their legal right to work in the U.S.
It may be discriminatory to ask:
Any inquiry regarding ancestry or national origin of applicant’s parents, spouse or associates, or any membership in associations which may indicate ancestry or national origin.
Language commonly used by an applicant or how an applicant acquired a proficiency in a foreign language.
Arrests
It may be discriminatory to ask:
Any inquiry relating to arrests.
Citizenship/Birthplace
It is not discriminatory to ask:
“Are you legally entitled to work in the U.S.?” may inform applicants that they will be required to complete an I-9 form verifying either their citizenship or their legal right to work in the U.S.
It may be discriminatory to ask:
“Of what country are you a citizen?”
“Are you or your parents naturalized or native born?”
(An employer may require U.S. citizenship for a particular job only if it is required by federal, state or local law, or by government contract.)
Convictions/Court Records
It is not discriminatory to ask:
Actual convictions which are substantially related to applicant’s ability to perform a specific job.
It may be discriminatory to ask:
To inquire about any conviction or court record which is not substantially related to applicant’s ability to perform job duties.
Credit Ratings
It may be discriminatory to ask:
Inquiries about applicant’s economic status or other source of income.
Whether applicant owns or rents home.
Method of transportation if not related to job requirement.
Dependents
It may be discriminatory to ask:
If any children, number of, names and ages.
Child care arrangements.
Marital status.
Education
It is not discriminatory to ask:
Schools attended.
Academic, vocational or professional education.
Language, office or other skills if substantially related to ability to perform job duties.
It may be discriminatory to ask:
The nationality or religious affiliations of schools.
How language skills were acquired.
Emergency Contact
It is not discriminatory to ask:
Name of person to contact in emergency.
It may be discriminatory to ask:
Requiring the name of a relative to be contacted.
Experience
It is not discriminatory to ask:
Applicant’s work experience.
Other countries visited.
Disabilities
It is not discriminatory to ask:
“Can you perform the essential job functions of this position?”
May ask for a demonstration or verbal description of how they would perform essential job functions, if required of all applicants.
It may be discriminatory to ask:
“Can you perform the essential job functions of this position?”
May ask for a demonstration or verbal description of how they would perform essential job functions, if required of all applicants.
Language Skills
It is not discriminatory to ask:
“Can you perform the essential job functions of this position?”
A demonstration or verbal description of how they would perform essential job functions, if required of all applicants.
Marital Status
It is not discriminatory to ask:
Mrs., Miss, Ms., when made in good faith and not for the purpose of discrimination.
Whether applicant can meet specific work schedules.
Any other commitments which might hinder attendance.
Anticipated duration on job or anticipated absences if asked of both males and females.
It may be discriminatory to ask:
“Are you single, married, divorced, separated, widowed?”
Questions concerning pregnancy, birth control, children, or future child-bearing plans.
Spouse’s name, age, place of employment or income.
Military Record
It is not discriminatory to ask:
Military experience and education in the armed forces of the United States which relate to specific job duties.
It may be discriminatory to ask:
Type or date of discharge.
Applicant’s general military service which is not substantially related to ability to perform specific job duties.
Name
It is not discriminatory to ask:
“Have you ever worked for this organization under another name? Is additional information concerning change of name necessary to check work or education records? If yes, explain.”
It may be discriminatory to ask:
Inquiries about former names which have been changed by court order or otherwise if not required to check necessary records.
Organizations/Membership
It is not discriminatory to ask:
Membership and offices held in organizations which relate to applicant’s ability to perform a particular job.
It may be discriminatory to ask:
“List all organizations, clubs, or societies to which you belong.” Inquiries about membership in organizations which would include race, color, national origin, ancestry, sex, physical handicap, and creed or religion.
Photograph
It is not discriminatory to ask:
May be required after hiring.
It may be discriminatory to ask:
Suggested or required prior to hiring unless based on a Bona Fide Occupational Qualification.
Physical Characteristics Such as Height and Weight
It is not discriminatory to ask:
If necessary to perform substantial job duties.
It may be discriminatory to ask:
If unrelated to abilities necessary to perform substantial job duties.
Race
It may be discriminatory to ask:
Direct or indirect inquiries which would indicate an applicant’s race or color.
Color of skin, eyes or hair.
Race or color is never a Bona Fide Occupational Qualification.
References
It is not discriminatory to ask:
“Who referred you here?”
Names of professional and character references.
It may be discriminatory to ask:
Requiring a religious reference.
Relatives
It is not discriminatory to ask:
Names and addresses of parents/guardians of minor.
Names of relatives already employed with the organization if this affects company policy.
It may be discriminatory to ask:
Name or address of a relative of an adult applicant.
Religion
It may be discriminatory to ask:
Any inquiry to indicate or identify religious affiliation, denomination, customs, holidays observed or name of minister.
Sex
It is not discriminatory to ask:
Mr., Mrs., Ms., Male or Female when made in good faith and not for the purpose of discrimination. A voluntary request only and stated as such.
Job advertisement or classification on the basis of sex and an inquiry concerning the sex of the applicant are permissible only if a Bona Fide Occupational Qualification exists.
It may be discriminatory to ask:
Sex of applicant or inquiries which would indicate sex if not a voluntary request and stated as such to the applicant (Bona Fide Occupational Qualification is interpreted very strictly by the courts. It is extremely difficult for the sex of the applicant to be considered a lawful pre-employment inquiry. Sex is not a Bona Fide Occupational Qualification* because a job requires physical labor, unusual work schedules or travel* because of the preferences of customers, employer, employees or others* because of stereotypes concerning attitudes or abilities on the basis of sex.)
Work Schedules
It is not discriminatory to ask:
Whether applicant can meet a specific work schedule.
It may be discriminatory to ask:
(Reasonable accommodation is required for an applicant on the basis of religion or creed. Inquiry made prior to selection should be justified by Business Necessity.)
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