Guidelines for Interview Questions
The following chart is to be used as a guide to formulate questions which will elicit the information needed to make employment decisions.
| SUBJECT | SHOULD NOT ASK | MAY ASK |
| NAME | Whether a person has worked under a different name. Questions which divulge marital status, ancestry, or national origin. | Current legal name. Whether any other information is necessary about applicant's name to check on previous work or educational record. |
| MARITAL STATUS | Whether person is married, single, separated, divorced, widowed, or engaged. | Nothing. |
| FAMILY STATUS | About family planning, number and ages of children, child care arrangements, spouse's employment, salary, travel schedule, whether applicant is "head of household." | Willingness to travel if job requires. Ability to meet work schedule requirements. |
| AGE | Applicant to state age or date of birth or to provide proof of age. (This information can be obtained after hire.) | Whether applicant meets the minimum age requirement as set out by law. The Age Discrimination in Employment Act amendment of 1986 eliminates the mandatory retirement age of 70 except for tenured faculty. Therefore, questions about upper age limits are inappropriate. |
| RACE OR COLOR | Applicant's race. | Nothing. |
| PREGNANCY | About medical history concerning pregnancy and related health matters. Do not reject applicants because of pregnancy alone. | Anticipated duration in the job. Anticipated absences from the job. (Same questions must be asked of males and females.) |
| PHYSICAL/MENTAL DISABILITIES | General questions about whether person is disabled or the severity or nature of the disability: questions soliciting information that is not job related. | Whether person is able to carry out all necessary job requirements in a safe manner. Employer is required to make "reasonable accommodations" for physical and mental limitations of employees including alteration of duties and physical setting and provision of aids. |
| ADDRESS | Inquiry into foreign address that would indicate national origin. Names or relationships of persons with whom applicant resides. Whether applicant rents or owns a home. | Applicant's address. |
| BIRTHPLACE/ NATIONAL ORIGIN | Ancestry/birth place of applicant or spouse, parents, or other relatives. | Nothing. |
| RELIGION | About religious denomination, affiliation, religious holidays observed. | Anticipated absences from job. But reasonable accommodation must be made to the religious observances and practices of a prospective employee. |
| LANGUAGE SKILLS | About language skill unless it is a necessary job requirement. | About ability to speak, read, or write English or a foreign language if the job requires. |
| MILITARY RECORD | Type of discharge from military. | Type of education and experience in service if it relates to the job. |
| PHOTOGRAPH | For photo before hiring. | May require photo afterhiring for identification purposes. |
| CITIZENSHIP | Whether the individual is a U.S. citizen, as a basis for exclusion from employment. No positions at Kansas State University are limited to U.S. citizens. | If you are not a citizen or resident alien of the U.S., does your visa or immigration status prevent you from lawful employment? |
| *EDUCATION AND EXPERIENCE | *About education or experience that is not related to job performance. Inquiries specifically asking the nationality, racial affiliation, or religious affiliation of the school attended. (Requirements should not be higher than needed for job; that discriminates against poor and/or minorities with less opportunity for education.) | *Training and experience related to job requirements, including names and addresses of previous employers, dates of employment, reasons for leaving, and schools attended. |
| ARRESTS | About arrests because the person is not judged guilty by an arrest. | Nothing. |
| CONVICTIONS | About convictions unless the information bears on job performance. Note: Do not make indefensible assumptions about future behavior based on conviction. | About convictions, if all candidates are asked, and if the information has bearing on job performance of the specific positions. Look at severity and frequency of violation, age of applicant at time of illegal act, time elapsed since conviction, and all aspects of the applicant to determine the seriousness of the conviction in relation to potential job performance. |
| CREDIT RATINGS OR GARNISHMENTS | About credit ratings, financial status, car or home ownership, since they usually have little or no relation to job performance. NOTE: It is a civil rights violation to refuse to hire a minority on the basis of a person's poor credit rating, unless business necessity for doing so can be shown. | Nothing, unless job related. |
| RELATIVES | Name or address of any relative of adult applicant. Information about friends or relatives working for an employer is not relevant to an applicant's job performance. | Nothing. |
| WHOM TO CONTACT IN CASE OF EMERGENCY. | Do not ask for this information before hiring. | After hire, determine name and address of person to contact in case of emergency. |
| SEXUAL ORIENTATION | About sexual orientation. | Nothing. |
| REFERENCES | Do not ask for a mere listing of unchecked references. | This inquiry is fine if employers actually check with references for employment suitability. |
| ORGANIZATIONS | About all organizations the person belongs to; organizations which indicate race, color, creed, sex, marital status, religion, or national origin. | About professional and job-related organizations, provided the applicant may exclude the name or character of an organization that would reveal the race, religion, color, or ancestry of that organization. |
| REFERENCE CHECKS | Reference checks are a critical part of the employment process. Inquiries may be made about job related performance and attendance. Ex) Would you rehire or reemploy this individual? | Any inquiries which are personal or non-work related. Ex) Rate the candidate's maturity level on a scale from one to five. |
| GENDER | Inquiry or restriction of employment is permissible only where a bona fide occupational qualification exists. This BFOQ exemption is interpreted very narrowly by the courts and EEOC. The employer must prove that the BFOQ exists and that all members of the affected class are incapable of performing the job. | Any inquiry which would indicate gender. |
Any inquiry should be avoided which, although not specifically listed among the above, is designed to elicit information which is not needed to consider an applicant for employment.
Form DA 286 (Rev. 10/13)
Disclaimer:
The above information includes suggested guidelines. Please be advised to confer with legal counsel and Talent Acquisition before developing your interview questions.
