Illegal Interview Questions

Age? Date of Birth?

Age based inquiries should be avoided because state law prohibits discrimination against persons age 40 and older. An age inquiry may be made to ensure a person is “old enough” to work for the job being filled, or if the job is among the few where age discrimination is permitted such as physically dangerous or hazardous work or driving a school bus.

Example of Illegal Questions

Possible Legal Alternatives

How old are you? When is your birthday? In what year were you born? In what year did you graduate from college/high school?

Are you over the age of 18? Can you, after employment, provide proof of age?

Marital/ Family Status (often alludes to sexual orientation)

The purpose of these “family” inquiries is to explore what some employers believe is a common source of absenteeism and tardiness. Typically, these questions are asked only of women making the inquiry clearly unlawful. However, even if such inquiries are made of both men and women, the questions may still be suspect. Such information has been used to discriminate against women because of society’s general presumption that they are the primary care givers. If the employer’s concern is regular work attendance, a better question would be, “Is there anything that would interfere with regular attendance at work?”

Example of Illegal Questions

Possible Legal Alternatives

Are you married or do you have a permanent partner? With whom do you live? How many children do you have? Are you pregnant? Do you expect to become have a family? When? How many children will you have? What are your child care arrangements?

Would you be willing to relocate if necessary? Travel is an important part of the job. Do you have any restrictions on your ability to travel? Do you have responsibilities or commitments that will prevent you from meeting specified work schedules? Do you anticipate any absences from work on a regular basis? If so, please explain the circumstances.

Personal

Minimum height and weight requirements are unlawful if they screen out a disproportionate number of women or minorities. Unless the employer can show that a height or weight requirement is essential for job performance, such inquiries should be avoided.

Example of Illegal Questions

Possible Legal Alternatives

How tall are you? How much do you weigh? (Questions about height and weight are always illegal unless it can be proven that there are minimum requirements to do the job.)

Are you able to lift a 50-pound weight and carry it 100 yards, as that is part of the job?

Disabilities

Inquiries about a person’s disability, health or worker’s compensation histories are unlawful if they imply or express a limitation based on disability. Under the federal Americans with Disabilities Act, any inquiry at the pre-employment stage, which would likely require an applicant to disclose a disability, is unlawful. Employers must avoid such inquiries or medical examinations before making a bona fide job offer.

However, an employer may inquire about an applicant’s ability to perform certain job functions and, within certain limits, may conduct tests of all applicants to determine if they can perform essential job functions, with or without an accommodation.

Example of Illegal Questions

Possible Legal Alternatives

Do you have any disabilities? Have you had any recent illness or operations? Please complete this medical questionnaire. What was the date of your last physical exam? How's your family's health? When did you lose your eyesight/ leg/ hearing/ etc.?

Are you able to perform the essential functions of this job with or without reasonable accommodations? (Legal if the interviewer thoroughly described the job.) Will you be able to carry out in a safe manner all job assignments necessary for this position? Are you able to lift a 50-pound weight and carry it 100 yards, as that is part of the job? NB: Medical exams are legal AFTER an offer has been extended; results should be held strictly confidential except for reasons of safety.

National Origin/ Citizenship

Inquiries about a person’s citizenship or country of birth are unlawful and imply discrimination on the basis of national origin. A lawfully immigrated alien may not be discriminated against on the basis of citizenship. The Immigration Reform and Control Act of 1986 require employers to verify the legal status and right to work of all new hires. Employers should not ask applicants to state their national origin, but should ask if they have a legal right to work in America, and explain that verification of that right must be submitted after the decision to hire has been made. To satisfy verification requirements, employers should ask all new hires for documents establishing both identity and work authorization.

Example of Illegal Questions

Possible Legal Alternatives

Where were you/your parents born? What is your native language? What is your country of citizenship? Are you a US citizen?

Do you have any language abilities that would be helpful in doing this job? (Legal if language ability is directly relevant to job performance.) Are you authorized to work in the United States?

Arrest Record

There are laws that prohibits inquiries about past arrest records but permits consideration of a current arrest. If an applicant is under arrest for an offense that is substantially related to the job, an employer may suspend judgment until the case is resolved, advises the applicant to reapply when the charge is resolved, or refuse to employ the applicant. A current employee who is arrested may be suspended if the charge is substantially related to the job.

An employer may not refuse to employ or discharge a person with a conviction record unless the circumstances of the conviction substantially relate to the circumstances of the job. If an inquiry about convictions is made, the employer should add a clarifier, “A conviction will not necessarily disqualify you from employment. It will be considered only as it may relate to the job you are seeking”. Anyone who evaluates conviction record information should be knowledgeable about how such data may be used.

Example of Illegal Questions

Possible Legal Alternatives

Have you ever been arrested?

Have you ever been convicted of ____ crime? (Legal if the crime is reasonably relevant to the job; e.g. embezzlement for a banking job.)

Military Service

It is unlawful to discriminate against someone because of membership in the National Guard, a state defense force or another state or Federal Reserve unit. Questions relevant to experience or training received in the military or to determine eligibility for any veteran’s preference required by law are acceptable.

Example of Illegal Questions

Possible Legal Alternatives

What type of discharge did you receive?

In what branch of the Armed Forces did you serve? What type of training or education did you receive in the military?

Affiliations

Example of Illegal Questions

Possible Legal Alternatives

What clubs or social organizations do you belong to? Do you go to church?

List any professional or trade groups or other organizations that you belong to that you consider relevant to your ability to perform this job.

Race/Color/Religion

This question may discourage an applicant whose religion prohibits Saturday or Sunday work. If a question about weekend work is asked, the employer should indicate that a reasonable effort is made to accommodate religious beliefs or practices. An employ-er not required to make an accommodation if doing so would create an undue hardship on the business.

Example of Illegal Questions

Possible Legal Alternatives

All questions are illegal.

Are you available for work on saturday and Sunday?

Sample Interview Questions

Why did you apply for this position?
Tip: How do you think that you might fit into this company

Would you tell us what attracts you to a career with us? How do you see your studies, skills, experience and personal qualities contributing to the work of the organisation? Tip: How do you think that you might fit into this company

Describe a time when you had to deal with conflicting demands. How did you deal with this situation and what was the outcome?
Tip: STAR

Can you describe a time where you have been required to perform as part of a team? What was the situation? What part did you play in the team and what was the outcome of the exercise?
Tip: STAR

How do you establish a working relationship with new people?
Tip: Team skills

Where do you expect to be in 5 years time? What will you do if you are not successful in gaining this position?
Tip: Demonstrate to the interviewer that you have thought about what it is you want from work and what you hope to achieve. Let them know you are flexible however, and willing to explore new opportunities.

What particular skills and qualities do you bring to the workforce? What other skills would you like to develop in the future?
Tip: Strengths and weaknesses

Tell me about a challenging situation you have faced. What was the situation and how did you cope with it?
Tip: STAR

Is there an achievement of which you are particularly proud? What is it? Why is it significant?
Tip: STAR

Imagine that you are a member of a small team responsible for the development and production of an internal publication. Your team is dependent on another workgroup to provide the data which will form the basis of your publication. The deadline for completing this project is not able to be relaxed. (a) What factors do you think might affect the team's ability to meet the publication deadline? (b) What could the team do to ensure the project is completed on time?
Tip: Hypothetical questions allow the interviewer to identify key competencies deemed important by the employer. No right or wrong answer

What are the key elements of measuring performance and how can you establish whether an outcome represents a success? (Answer this in terms of your own work or study experience.) More specifically, what do you think might be some key indicators of the successful performance of a national agency?
Tip: STAR (Behavioural +Situational question)

You have demonstrated in your CV that you have knowledge of entomology. Could you please expand on your experience and tell us what you think your strengths are in this field. An important component of the position will be the maintenance of water quality parameters within acceptable limits for the species. Can you outline your experience in water quality testing? What do you feel are the most important water quality variables?
Tip: Multi-part question

The ability to work independently within a structured team is essential to the position. This will require the successful applicant to be self-starting, able to prioritise tasks, be a good communicator, as well as showing considerable initiative. Can you give us some examples where you have worked within a team environment and demonstrated these abilities?
Tip: STAR + multi-part question

What do you feel is the potential for aquaculture in Australia and what are some of the major impediments to its development? What are some of the major aquaculture species cultured in freshwater? As well as the position involving general maintenance of the aquaria and pond facilities, a significant component will involve participation in scientific experiments through the collection and collation of research data. Can you describe previous experience you have had in the day to day running of scientific experiments?
Tip: STAR + multi-part question

The research project and facilities the successful applicant will be involved with receives considerable attention from the general public. Therefore, a component of the job will involve liaising with the general public and media. This requires the delivery of information in a simple precise manner. How confident do you feel you are in delivering sometimes complex information in a simple manner?
Tip: give examples

What computer programs are you familiar with, and more specifically, what programs would you use to write a report, enter research data, and to prepare a poster or seminar.
Tip: give examples of where you have applied the use of these programs.

You have had an opportunity to look at the statistical table from the publication (this was supplied before the interview). (a) Imagine you were asked to write a commentary on the information in the table. Are there any significant or curious or interesting features revealed by the data which you think should be highlighted, and if so, what might you say about them? Can you offer any suggestions to explain these features? (b) What is your opinion of the general layout of the table? How might it be improved?
Tip: multi-part question