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Interview Questions to Avoid
When you’re conducting job interviews, you want to elicit as much information as possible — but you don’t want to run afoul of civil rights laws. Remember: You cannot ask…


  The original name of someone whose name has been changed by court order or an applicant’s maiden name.

  Religious affiliation, pastor’s name, or what religious holidays that applicants observe.

 Skin color, height, or weight —  nor can you ask for a photograph prior to hire.

  Marital status, parental status, the name or employment status of an applicant’s spouse, or whether applicants prefer “Mr.,” “Mrs.,” “Ms.,” or “Miss.”

 Whether female applicants can have or plan to have children — and you cannot advocate any form of birth control or require pelvic examinations.

 For information regarding an applicant’s physical or mental condition unless it is directly related to the job requirements and is used only as permitted by federal law.

  About the birthplace, lineage, ancestry, or national origin of applicants, their spouses, parents, or relatives.

  About the citizenship status of applicants, their spouses, or parents unless asked as part of the federal I-9 process.

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  For birth certificates, naturalization records, or baptismal records.

  How applicants learned to read, speak, or write a foreign language.

  Whether applicants have arrests that didn’t result in convictions (except when hiring for law enforcement agencies).


In some cases, wording is everything. For example, you can ask for the name and address of someone to notify in case of an emergency; you cannot ask for the name and address of the nearest relative to notify in case of an emergency. You can ask about organizations to which applicants belong, but not for a list of all the organizations nor about those indicating race, color, religion, national origin, or ancestry. You cannot ask an
applicant’s marital status, but you can ask whether the applicant has a spouse or relatives in your company’s employ. You cannot ask an applicant’s age, but you can ask if applicants are 18 or older to determine whether they meet the legal age requirement for the job.


Of course, it’s possible that you’ve innocently asked some of these questions in the past — without consequence. But since it only takes one challenge to land you in hot water, in the future it would be wiser to be safe in interviews than sorry in court.


-Adapted from “Legal & Illegal
Pre-employment Inquiries,” from
the Web site of Nolo Press
Purge These Off-limits Questions Now
Professional Search Services
•	Internet Recruiting at
	www.mhas
Under Title VII of the Civil Rights Act of 1964, it’s illegal for any employer with 15 or more workers to discriminate against an applicant on the basis of race, color, religion, gender or national origin. Many state and local governments extend the prohibition to smaller companies.
Avoid the appearance of discrimination during interviews by making sure your hiring managers aren’t asking these questions:
1. Are you married? Divorced?
2. If you’re single, are you living with anyone?
3. How old are you?
4. Do you have children? If so, how many and how old are they?
5. Do you own or rent your home?
6. What church do you attend?
7. Do you have any debts?
8. Do you belong to any social or political groups?
9.  How much and what kinds of insurance do you have?
10. Do you feel comfortable supervising men/women?
11. Is there any health-related reason you may not be able to perform the job you seek?
12. Have you ever had or been treated for any of these conditions or diseases (followed by a checklist of various conditions)?
13. Have you been hospitalized? What for?
14. Have you ever been treated by a psychiatrist or psychologist?
15. Have you had a major illness recently?
16. How many days were you absent from work because of illness last year?
17. Do you have any disabilities or impairments that might affect your performance in this job?
18. Are you taking any prescribed drugs?
19. Have you ever been treated for drug addiction or alcoholism?

Source: Excerpted from Employer’s Practical Legal Guide: Plain Language about Current Employment Law published by the National Institute of Business Management, (800) 543-2055
Avoid These 10 Common
Interview Mistakes
Mistakes during the hiring process can be costly for a company later, and are often made while interviewing the applicant. Here are 10 of the most common mistakes made by interviewers. Do any of them sound familiar?
1. Failure to focus on job-related information. This can happen when the interview targets only a few critical areas and does not develop a complete picture of the applicant.
2.  Overlapping of interviewers. Although covering some of the same ground is desirable, too much overlap is a waste of time.
3. Misinterpreting applicant information. This can result when theoretical or hypothetical questions are interpreted incorrectly, or when interviewers try to guess the meaning behind an applicant’s response.
4. Overlooking the candidate’s motivation to do the job. Many interviewers focus on the “can do” and ignore the “will do.”
5. Allowing one characteristic to color judgement. Sometimes interviewers allow one especially weak or strong characteristic to negatively or positively influence their perception of a candidate.
6. Making snap decisions. Some decisions are made after only a few questions are asked, or even on the basis of a handshake.
7.  Lowering standards when pressured to fill a position. It can be tempting to fill a key position quickly, but often recruiters end up rationalizing their decisions about candidates and thinking that limitations or drawbacks can be remedied through training or close supervision.
8. Taking insufficient notes. Without notes, an interviewer will have trouble recalling the facts discussed and eventually will retain only an impression of the candidate.
9. Asking illegal, non-job-related questions. If an organization’s hiring practices are not based strictly on job-related criteria, interviewers could be leaving the company open to lawsuits.
10. Turning off viable candidates.
When candidates feel uncomfortable with the interviewer or the selection process, it affects their opinion of the company.

-Adapted from Development Dimensions International, Marketing Information Center, 1225 Washington Pike, Bridgeville, PA 15017-2838.
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Health Care Management Recruiting
MHA Service Corporation Professional Search Services, Stephen O’ Connor, Senior Director • February 2003
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