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Interview Questions

Questions You May and May Not Ask

Adapted from: Equal Employment Opportunity: 2009 Compliance Guide (2009), pp.3-26 - 3-29.

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Care should be taken to avoid asking inappropriate questions at the interview. Below are some questions you may and may not ask of a candidate. For questions and clarifications about any of the information below, please contact the Provost's Office (x5114) or the Office of Equal Opportunity (x5820).

1. As a general rule, you may not ask questions about: race, color, national origin, religion, sex, sexual orientation, disability, age, or ancestry. Exceptions and clarifications to this rule are as follows:

  • You may ask questions about disabilities only if this information is necessary to determine the candidate's ability to perform essential tasks of the job, with or without reasonable accommodation.
  • You may not ask questions designed to discover a candidate's age.
  • You may not ask questions about a foreign address which would indicate national origin. You may, however, ask about the location and length of time of the candidate's current residence.
  • You may not ask questions concerning the candidate's place of birth or similar questions about the grandparents, and spouse of the candidate.
  • You may not ask what the candidate's mother tongue is or how the candidate's foreign language ability has been acquired. You may inquire into foreign language skills only when the position requires such ability.
  • You may not ask about the candidate's willingness to work on any particular religious holiday.
  • You may ask about a candidate's willingness to work a required work schedule.
  • You may not ask questions about marital status (e.g., whether the candidate is single, married, divorced, separated, engaged, or widowed), pregnancy, plans for a family, or child care issues.
  • You may ask if the applicant has any commitments that would preclude him or her from satisfying job schedules. If such questions are asked, they must be asked of both sexes.
  • You may not ask in a series of interviews for a given position questions of one sex and not of the other.

2. You may not ask questions about marital status (e.g., whether the candidate is single, married, divorced, separated, engaged, or widowed), pregnancy, plans for a family, or child care issues.

  • You may ask if the applicant has any commitments that would preclude him or her from satisfying job schedules. If such questions are asked, they must be asked of both sexes.
  • You may not ask in a series of interviews for a given position questions of one sex and not of the other.

3. You may not ask questions about weight and height unless this information is job-related.

4. You may not ask questions about the candidate's state of health unless it is job-related.

5. You may not inquire if a candidate is native-born or naturalized. Foreign nationals may only be offered term appointments unless and until they are able to become permanent residents or citizens of the U.S.

  • You may ask is the candidate a U.S. citizen (i.e. for proof of his or her citizenship), if the candidate intends to become a U.S. citizen, or if the candidate's residence is legal, as well as the status of the candidate's visa.

6. You may not ask if a candidate has filed or has threatened to file discrimination charges.

7. You may not ask questions about any relative of a candidate which would be unlawful if asked of the candidate.

8. You may not ask questions about organizations that would reveal the race, color, religion, sex, sexual orientation, marital status, or national origin of the applicant.

  • You may inquire about membership in job-related organizations (e.g., does an applicant for a position in an English department belong to the Modern Languages Association?)

9. You may not ask about military service in the armed forces of any country but the U.S., nor may you inquire into a candidate's type of discharge until after a candidate has been hired.

  • You may ask questions concerning service in the U.S. armed forces if such service is a qualification for the position being sought.

10. You may not ask questions which would reveal arrests without convictions.

  • You may ask about convictions but not arrests for crimes which relate to the candidate's qualifications for a position.

11. You may not ask questions about a candidate's credit rating or request financial data.


ME12/2010