There are many regulations and laws in the United States designed to protect people from discrimination in employment.  Because the laws are so numerous, it may be confusing as to what questions are acceptable to ask during an interview. 

When interviewing, it is important to keep in mind that questions should pertain only to the candidate’s ability to do the job in question. 

Here are some brief guidelines to follow regarding the areas to avoid when interviewing job candidates:

First, questions about an applicant’s age should be avoided because the laws prohibit discrimination based on age.  The only pertinent information is whether or not an applicant is old enough to do the job. 

Questions involving an applicant’s family situation are also not allowable.  For example, questions about a person’s marital status, living companions, and children are off limits. 

Concerning race or ethnic origin, the only legitimate question to ask is whether the applicant is legally authorized to work in the United States. 
Also, to prevent discrimination based on past criminal activities, questions regarding past arrests are prohibited as well.  However, the employer can ask about criminal activity if it relates to the job opening.  For example, an employer is entitled to know about past record of embezzlement if a person is applying for a job at a bank. 

All questions relating to an applicant’s racial or religious background are illegal. 

Also, it is not permissible to ask about an applicant’s affiliations with any organizations.  However, an employer may ask if an applicant belongs to any organizations that the person considers relevant to their ability to perform the job.  This usually concerns professional groups. 

Personal questions involving height and weight should also be avoided – unless they relate  to the applicant’s ability to perform the job in question. 

Another area that an employer needs to be aware of is the legal guidelines relating to disabilities. Any questions about a person’s disability, health, or worker’s compensation history are illegal on their own.  So, for example, you cannot ask if a person has a disability or if they have had any recent illnesses or operations.  You cannot require them to fill out a medical questionnaire. 

But you can ask about the applicant’s ability to perform the job in question adequately or specific functions of the job.  And you may test the applicant to see if he or she can perform the job, with or without any special accommodation. 

You may also require the person to take a medical exam, but only after a job offer has been made. 

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