University of Nebraska at Omaha
additional resources.
interview questions.
(what you can and cannot ask)
Listed below are eleven categories, their corresponding acceptable and unacceptable areas of inquiry, and the reason why certain questions are not acceptable. Download one-page Microsoft Word document
Name
Acceptable: For access purposes, inquiry into whether the applicant’s work records are under another name
Unacceptable: To ask if a woman is a Miss, Mrs. or Ms.; To request applicant to give maiden name or any previous name he or she has used
Reason why: Title VII, Title IX, NEOC
Age
Acceptable: Require proof of age by birth certificate after hiring
Unacceptable: To ask age or age group of applicant; To request birth certificate or baptismal record before hiring
Reason why: Age Discrimination in Employment Act of 1967; Act Prohibiting Unjust Discrimination in employment because of age
Birthplace/National Origin/Citizenship
Acceptable: To ask whether ALL applicants are legally authorized to work in U.S.
Unacceptable:
To inquire into national origin or birthplace of applicant of applicant’s family.
Ask for birth certificate or other proof of U.S. citizenship before hiring
Whether U.S. citizen
If U.S. residence is legal
If spouse is a citizen
Reason why: Title VII, NEOC
Race/Color
Acceptable: To indicate that the institution is an equal opportunity employer; To ask race for affirmative action plan statistics, after hiring
Unacceptable: Any inquiry that would indicate race or color
Reason why: Title VI; Title VII; NEOC
Sex
Acceptable: Indicate that the institution is an equal opportunity employer
Unacceptable: To ask applicant any inquiry that would indicate sex, unless job related.
Reason why: Title VII, Title IX, NEOC
Sexual Orientation
Acceptable: To indicate that the institution prohibits discrimination on the basis of sexual orientation
Unacceptable: To ask an applicant any question that would indicate the applicant's sexual or affectional orientation
Reason why: Institution policy
Religion
Acceptable: To state normal hours and days of work required by the job to avoid possible conflict with religious convictions.
Unacceptable: To ask an applicant's religion or religious customs or holidays; To request recommendations from church officials.
Reason why: Title VII, NEOC
Marital/Parental Status
Acceptable: Whether applicant can meet work schedules; Inquiries, made to males and females alike, as to duration of stay on job.
Unacceptable: To ask marital status before hiring; To ask about the number and age of children, child care arrangements and plans to have more children before hiring for insurance purposes.
Reason why: Title IX, NEOC
Disability
Acceptable: If candidate is able to carry out the essential functions of the job; After hiring person may inquire whether person may require "reasonable accommodation"
Unacceptable: To ask job applicants general questions about whether they have a disability or about the nature and severity of their disability.
Reason why: Rehabilitation Act of 1973; Americans with Disabilities Act of 1990; Title VI; NEOC
Military Service
Acceptable: Inquiry into services in the U.S. armed forces, including rank attained, branch of service, or any job-related experience
Unacceptable: To ask type of discharge; To request service records before hiring; To ask about services in the military of any other country besides the U.S.
Reason why: Section 402 of the Vietnam Era Veterans; Readjustment Assistance Act of 1974 (PL-93-508)
Conviction, arrest and court record
Acceptable: To inquire about convictions if the reason for the inquiry is a business necessity.
Unacceptable: Any inquiry relating to arrests, court or conviction records not substantially related to job in question
Reason why: Title VII, NEOC
NEOC = Nebraska Equal Opportunity Commission
Title VII = Title VII of the Civil Rights Act of 1964, as amended
Title VI = Title VI of the Civil Rights Act of 1964
Title IX = Title IX of the Education amendments of 1972