The Equal Employment Opportunity Commission (EEOC) has developed the Fair Inquiry Guidelines to help you, the employer, keep your interviewing "safe" and compliant with the law. Here are a few things you should know.
- Age. You cannot ask any questions that tend to identify applicants age 40 or older. You may ask if someone is 18 years of age or if they can supply proof of age if hired.
- Race/color. Do not ask any questions that directly or indirectly relate to race or color. There are no lawful questions in this area.
- Physical health. You may not ask anything general that may lead to the interviewee identifying health conditions that would not reasonably relate to the person's fitness to do the job. Any questions that relate specifically to the job are permissible, such as "Can you lift 40 lbs?"—as long as you have a reasonable basis for the requirements (e.g., the employee needs to lift 40-lb. sacks on a regular basis as part of the job duties).
- Organizations. Do not ask what organizations, clubs, societies, lodges, etc. that the candidate belongs to. You may ask what professional organizations the person belongs to, but do not specifically ask if the organization is related to race, creed, color, national origin, or ancestry of its members.
- Residence. It is unlawful to ask who the candidate resides with or whether the person owns or rents the home. You may ask for the candidate's address if the intent is for contact. You may also ask if getting to the job at a certain time will be a problem.
- Family. It is off limits to ask the candidate about marital status, about a spouse or spouse's employment, childcare arrangements, or dependents. "What kind of childcare arrangements have you made?" or "How does your wife feel about you working for this school?" are types of unlawful questions. You may legally ask about work schedule, including "Can you work overtime?"
