Unlawful Questions To Ask Job Applicants

You want to do a good job screening your job applicants. Dismissing a poorly performing employee is more painful than avoiding a problem in the first place. However, the kinds of questions you can legally ask job candidates has become much more limiting. Asking the wrong questions can open you and your company up to a lawsuit from the candidate, or even worse – the federal government.  Click on this link to go to the Chamber blog to see examples of questions NOT to ask.

1. Are You Married?

This question is mostly directed at women, though it has been asked of men, as well. Not only is it illegal to ask you about your marital status, your employer cannot ask if you are living with a domestic partner, either.

Simply put, your personal life — including your dating life — is nobody’s business but your own and has zero impact on your ability to do your job.

2. Are You a US Citizen?

While you do need credentials to be able to legally work in the United States, you do not have to be a citizen. Employers will eventually be aware of your citizenship status, given that you have to pay taxes, but it’s not something they can ask in an interview.

Additionally, an employer cannot ask you if your parents are citizens or variations thereof.                     

3. Are You (Do You Plan to Become) Pregnant?

One of the major concerns that may spark this question is whether a woman will leave when she has a baby. However, no matter if you are pregnant, wish to become pregnant, or don’t plan to have children, this question doesn’t belong in an interview.

If the hiring manager brings up the subject, you’re well within your rights to say that it’s a personal question between you and your family.

4. Have You Ever Been Arrested?

This question is a doozy, because while an employer can reject your application due to a criminal history, an arrest or even spending a night in jail does not equate to guilt.

Sometimes people are erroneously arrested based on false information and some have spent a night in jail without being charged. That’s why it’s important to have all of the facts and why only convictions should count against you.

5. Have You Been Injured on the Job Before?

Every employer wants to mitigate risk, but asking someone if they’ve suffered an injury in the workplace before is unacceptable. Even if you were injured, that should not play into whether or not you get a job with someone else.

You do not have to disclose this to any prospective employer and can ignore the question if asked.

6. Are You a Republican or Democrat?

An employer cannot ask you what your political affiliation is if it does not pertain to the job. This is considered a form of discrimination. They don’t need to know who you voted or plan to vote for, nor do they need to know your take on any specific hot-button issues.

With political tensions as escalated as they are, it’s a good idea to redirect the conversation, or politely refuse to answer.

7. Do you have any disability?

While there are certain disabilities that can impact your ability to do a job, employers cannot come right out and ask if you’re disabled. That is your choice to disclose when and if necessary. An employer also cannot ask if you are taking any medications or about your mental health.

If you do decide to disclose a disability, your employer is within their rights to ask what they can do to help you overcome it in the workplace.

8. What Is Your Financial Standing?

Some positions, such as those dealing with handling money or sensitive information, require someone to be in good financial standing and have a good credit score. However, it’s not okay for a hiring manager to ask you personally what your financial standing is like.

Your credit score, with rare exceptions, and the amount of money or assets you own is nobody’s business but yours.

9. What Religion Are You?

This is seemingly another way to discriminate against prospective employees, by asking them what religion they are. It’s also illegal.

It’s nobody’s business whether you are Catholic, Christian, Muslim, Jewish, or one of many other religions. Unless you’re working with a specific type of organization, you can remain mum on this one.

10. Do You Have Childcare?

This is another personal question that seems to come up from time to time. Employers want to know who watches your children to generally get an idea of how reliable the childcare aspect is.

The concern is that you’ll miss time at work because you have nobody to watch your children, and time is money. Regardless of how innocuous this question may seem, it’s illegal to ask.

11.  Is it legal to run a credit score on a job applicant?

Yes, it's legal for employers to check a job applicant's credit history in most states, but they must follow certain guidelines:

Written consent Employers must obtain written consent from the applicant before pulling their credit history. The notice must be separate from the job application.

FCRA compliance - Employers must comply with the Fair Credit Reporting Act (FCRA).

Credit report details - Employers can only view limited details about an applicant's credit report, such as debt, payment history, and bankruptcies. They can't see the applicant's credit score or income.

Credit history length - Pre-employment credit checks can consider up to seven years of credit history, unless the job pays $75,000 or more, in which case up to 10 years can be reported

Will you take a drug test prior to a job offer

Yes this is legal as long as you follow a number of guidelines.  See the following article:

https://www.nolo.com/legal-encyclopedia/drug-tests-job-applicants-if-33051.html