DON'T:

• Ask questions about an applicant's race, ethnicity, national origin, religion, sexual orientation, marital status, children, plans to have children or arrest record. See Section No. 2 for specific unlawful inquiries.
• Ask questions that are not job-related or that will provide you with information about an applicant's national origin, religion, sexual orientation, or disabilities. For example, do not ask an applicant what clubs he is active in because he may reveal his national origin by telling you that he is involved in the Italian Society.
• Discuss topics such as the applicant's national origin, religion and children even if the applicant raises the subject. Instead, change the subject or advise the applicant that the topic is unrelated to his or her qualifications for the job.
• Ask questions about an applicant's disability or whether she has received workers' compensation benefits. The only appro-priate question along these lines is whether there is any reason that the applicant cannot perform the essential functions of the job or each job function. See Section No. 2 for lawful and unlawful inquiries concerning disabilities.
• Assume a disabled applicant is unable to perform the job. Instead, ask the applicant what accommodations would allow him or her to perform the job. Then consult with human resources after the interview.
• Tell an applicant that he or she is overqualified. Such a remark may be interpreted as age bias.
• Ask questions about an applicant's personal life, such as hobbies. Rather, ask about any job-related hobbies.

Section No. 2: Permissible and Impermissible Interview Inquiries

Human resources will ask job applicants the relevant permissible questions that are listed below. Therefore you should not ask an applicant any questions related to the following categories, even if a question is listed below as permissible.

Age

• Permissible:
  "Are you 18 or older?"
• Impermissible:
  "How old are you?"
  "When were you born?"
  "How old are your children?"

Sex/lifestyle

• Permissible: None
• Impermissible:
  "Do you have children?"
  "Do you expect to have children?"
  "What childcare arrangements do you have?"

• Permissible:
  "Have you ever worked for this company under a different name?"
• Impermissible:
  "What is your maiden name?"
  "Have you worked under another name?"

• Permissible: None
• Impermissible:
  "Are you married?"
  "Are you divorced?"
  "Are you single?"
  "Can you tell me about your spouse?"
  "Do you wish to be addressed as Mrs., Ms. or Miss?"
  "What is the name and address of a person to be notified in case of emergency?"

• Permissible (only if familiarity with a foreign language is job-related):
  "What languages do you speak or write fluently?"
• Impermissible:
  "What is your national origin?"
  "Are you British? French?"
  "Where were you born?"
  "Where were your parents or spouse born?"
  "What is your native language?"
  "How did you acquire the ability to read, write or speak a foreign language?"

• Permissible:
  "Are you eligible to work in the United States?"
• Impermissible:
  "Are you a U.S. citizen?"
  "Of what country are you a citizen?"

• Permissible:
  None

• Permissible:
  "Have you ever been convicted of a crime?"
• Impermissible:
  "Have you ever been arrested?"

• Permissible:
  Inquiries into academic, vocational or professional education and schools attended.
• Impermissible:
  "What were your years of attendance?"
  "On what date did you graduate?"

• Permissible:
  Inquiries about organizations relevant to ability to do job.
• Impermissible:
  "What clubs do you belong to?"

• Permissible:
  "What are the names of your relatives already employed by [Company]?"
• Impermissible:
  "What are the names of your relatives not employed by [Company]?"

• Permissible: "Are you able to perform an essential job function?"
  "Are you able to perform a specific task without an accommodation?"
  "How would a specific task be performed and with what accommodation?"
  Have the applicant show you how the essential function would be performed (this is a requirement if the applicant's disabil-ity is undisclosed).
  "How was your previous work attendance?"
  "How was your previous work history?"
  "What positions did you hold and what tasks did you perform in previous positions?"
• Impermissible:
  "Do you have a disability?"
  "What type of disability do you have?"
  "How was your disability acquired?"
  "How severe is your disability?"
  "Have you ever been treated for the following conditions or diseases [...]?"
  "Have you ever been hospitalized?"
  "Have you ever seen a psychologist or psychiatrist?"
  "Have you ever been treated for a mental condition?"
  "Do you have any health-related reasons why you would not be able to perform the job for which you've applied?"
  "Do you have any physical defects precluding performance of certain kinds of work?"
  "Are you taking any prescribed drugs?"
  "Have you ever been treated for drug addition or alcoholism?"
  "Have you ever filed for worker's compensation insurance?"
  "Have you ever had any on-the-job injuries?"
  "Have you ever had any off-the-job injuries?"
  "Do you require any medical treatment?"