Impermissible Interview Questions
And Their Permissible Counterparts
A PDF version of the information below can be downloaded here: Impermissible Interview Questions and Their Permissible Counterparts
Subject | Not Allowed to Ask | Permitted to Ask |
---|---|---|
Age
| Age or Birthdate questions are not allowed. Questions of attendance or graduation dates from high school or college are not allowed. | Can you show proof of age upon hire? Are you at least 18 years of age? If you are not, can you produce a work permit upon hire? |
Arrest or Criminal Record
| Have you ever been arrested? Have you ever been convicted of a crime? | None, there are no job-related considerations that would justify asking a candidate a question based on arrest or criminal record. Note: Background checks are conducted post-offer according to the Background Check policy. |
Birthplace or Citizenship
| Are you a U.S. citizen? Can you provide a birth certificate? What country are your parents from? Where are you from? | Although employers are allowed to ask "If hired, will you be able to provide evidence that you are legally permitted to work in the United States", search committees at UNI do not need to ask this question because candidates are asked this question on their application. For positions that UNI does not provide work authorization sponsorship (i.e. temporary positions and positions not requiring at least a Bachelor's degree), if the candidate has answered 'no' to this question on their application, they cannot be considered further for the position. For non-temporary positions requiring at least a Bachelor's degree, since UNI offers work authorization sponsorship assistance, it is not necessary to ask this question. |
Credit History or Bankruptcy
| Questions regarding a candidate’s credit history or any prior bankruptcy are not allowed. | None, there are no job-related considerations that would justify asking an candidate a question based on credit history or prior bankruptcy. |
Disabilities
| Do you have a disability? Have you ever filed a workers compensation claim? Have you suffered a workplace injury? | Can you perform the essential functions of this position with or without a reasonable accommodation? |
Education
| Questions regarding dates of attendance at elementary or high school, graduation dates are not allowed. Questions regarding ethnic, social, or religious affiliation of schools attended, sororities/fraternities, etc. are not allowed. | Do you have a high school diploma or equivalent? (only if required for the position) What university or college degrees do you have? (only if required for the position) |
Ethnicity/National Origin/Race
| Questions requiring candidate to identify race, ethnicity, first/native language, national origin, ancestors, or nationality are not allowed. Questions requiring candidates to identify attitudes about working with, supervising, or being supervised by a person of another race. are not allowed. | What other languages, other than English, do you read, write or speak? (only if it is relevant to the job) |
Family
| Questions regarding pregnancy, birth control, number and/or ages of children, child bearing, or child care plans are not allowed. | None, there are no job-related considerations that would justify asking a candidate a question based on the candidate’s family. |
Height, Weight or Physical Health
| What is your height? How much do you weigh? Do you have any current or previous medical conditions? Do you have any previous FMLA usage or medical leaves? | This job requires you to lift 50 pounds on a frequent basis. Are you able to perform this function? (only if based on position requirements) |
Hours of Work or Attendance
| How many sick days have you taken at your previous employer(s)? | Are you able to work the department’s normal work hours? Are you able to work overtime? (if required for the position) |
Legal Matters
| Questions regarding insurance claims, lawsuits or legal complaints, wage assignments, garnishments, judgments or bankruptcy are not allowed. | None, there are no job-related considerations that would justify asking a question regarding the candidate’s legal matters. |
Medical History or Genetic Information
| All questions related to personal or family medical history or genetic information are not allowed. | None, there are no job-related considerations that would justify asking a candidate a question based on medical history or genetic information. |
Military Service
| What type of discharge did you receive? What are your reserve duty obligations? Note: HRS will notify the search committee if a candidate has veterans preference. | What branch of the Armed Forces did you serve? What type of training or education did you receive in the military? |
Name or Personal Information
| What is your maiden name? Has your name been changed by a court order? What is your mother’s maiden name? What is your spouse’s name? | Have you ever worked for us before under any other name? |
Organizations, Activities, or Affiliations
| What is your political affiliation? Are you a union member? What personal clubs or organizations are you a member of? Are you a member of a protected class? Note: avoid all questions about nonprofessional organizations that could be seen as a question about race, age, sex, etc. | Are you a member of a professional organization that is relevant to this position? |
Prior Drug and Alcohol Use
| All questions related to prior illegal drug use or alcohol use or participation in a drug/alcohol treatment program are not allowed. | Consult with HRS regarding any permitted questions related to drug and alcohol use. |
Religion or Creed
| All questions related to religion or creed are not allowed. | None, there are no job-related considerations that would justify asking a candidate a question based on religion or creed. |
Salary History
| Questions related to a candidate’s salary history that can perpetuate any previous gender based pay inequities are not allowed. | None, there are no job-related considerations that would justify asking a candidate a question regarding previous salary history. Note: The expected salary range for the position should be shared with the candidate and questions regarding if this range meets their expectations can be asked. |
Sex, Orientation, Gender or Gender Identity
| All questions related to sex, orientation, gender or gender identity are not allowed. | None, there are no job-related considerations that would justify asking a candidate a question based on sex, orientation, gender or gender identity. |