What Questions Can A Potential Employer Not Ask An Applicant In An Interview?


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Questions would are used to discriminate negatively against a candidate based on a federally protected status are unlawful. That includes sex, race, religious beliefs, marital status, veteran status, age and disability. Some states have laws against sexual orientation discrimination also.

With regard to disabilities, You CAN ask a candidate if they could perform the essential duties of a job with or without accommodation. But you should not specifically ask about an assumed or apparent disability.

You CAN ask if a candidate could work the required schedule, but you shouldn't ask about their religious beliefs/traditions, or if they have young children and/or are pregnant or how their care of children is a problem.

You should not ask a person about their citizenship (can be construed as race-related) but you CAN ask if they are legally eligible to work in the US. Questions that should be avoided also include those about pregnancy, questions relating to applicant's plans to start a family, how long he/she plans to work, and arrangements for child care, race and color.

You should not ask about arrests or arrest records, only convictions. You should not ask about Any questions about an applicant's country of origin or citizenship, country of origin of parents or spouse, date applicant acquired citizenship, and you should not require any proof of citizenship until after the employment offer has been made and accepted by the candidate...

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