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INTERVIEWING RESOURCES

Appendix B.  Guide to Pre-Employment Interviewing

Name

  • Lawful
    • First, middle, last name.
    • Use of any other names or nicknames necessary for checking previous work experience or education.
  • Unlawful
    • Requirements of prefix Mr., Miss, Ms., Mrs.
    • Inquiries about names which would indicate national origin.
    • Inquiries regarding names changed by marriage, divorce, court order, etc.

Address

  • Lawful
    • Applicant's address and length of residence in this city/state.
  • Unlawful
    • Questions regarding foreign addresses, which would intentionally or unintentionally indicate national origin.
    • Whether applicant owns or rents home or lives in an apartment.
    • Names and relationships of persons with whom applicant resides.

Marital Status

  • Lawful
    • Whether applicant can meet specified work schedules.
    • Whether applicant has any additional responsibilities that would interfere with proper attendance.
  • Unlawful
    • Whether applicant is married, single, divorced, separated, engaged, etc.
    • Number and ages of dependent children.
    • All questions related to pregnancy or methods of family planning.
    • Questions regarding child care arrangements.

Height and Weight

  • Unlawful
    • Questions regarding height and weight are considered unlawful unless based on a Bona Fide Occupational Qualification (BFOQ) ( the burden of proving that a definable group/class of employees would be unable to perform the job safely and efficiently or that it was impossible or highly impractical to consider the qualifications of each such employee)  .

Race

  • Unlawful
    • Questions regarding race.
    • Any question which would indicate race.

Religion

  • Lawful
    • Questions regarding religious denomination or beliefs if based on Bona Fide Occupational Qualification as in the case of ministers, teachers, or other employees of specific religious organizations.
    • Questions regarding availability for work during specific time periods.
  • Unlawful
    • Questions regarding religious beliefs if not based on BFOQ.
    • Questions such as "What religious holidays do you observe?" if asked before employment.

National Origin

  • Lawful
    • Language applicant speaks, reads, or writes.
  • Unlawful
    • How foreign languages were learned.
    • Ancestry or birthplace of parents or spouse.
    • Associates or other relatives from foreign countries.
    • Birthplace of applicant.

Citizenship

  • Lawful
    • "Are you legally eligible to accept work in this country?"
    • Statement that, if hired, applicant must furnish proof of citizenship or appropriate visa.
  • Unlawful
    • Whether other members of applicant's family are U.S. citizens.
    • "Of what country are you a citizen?"
    • Require proof of citizenship prior to employment.

Sex

  • Unlawful
    • All questions regarding sex of the applicant unless based on BFOQ, which could occur in cases such as men's locker room attendant, etc.

Education

  • Lawful
    • Schools attended.
    • Degrees acquired.
    • Transcripts, if required of all applicants for similar work.
  • Unlawful
    • Questions regarding national, racial, or religious affiliations. 

Photograph

  • Lawful
    •  May be required  after  hiring necessary for FAU University ID card.
  • Unlawful
    • Requirement that applicant attach photo to application.
    • State that attaching photo is optional.

Experience

  • Lawful
    • Inquiries regarding previous work experience.
    • Foreign countries visited.

Criminal Record

  • Lawful
    • "Have you ever been convicted of a crime?" (Information obtained must be used only if it relates to applicant's fitness to perform a particular job. Example: Person convicted for embezzlement would be a high risk for a position as cashier in a store.)
  • Unlawful
    • "Have you ever been arrested?" (An arrest is merely the detaining of a person to answer a crime and has no affect on fitness to perform a particular job.)

Disabilities

  • Lawful
    •  Questions regarding disability(s) voluntarily disclosed by applicant if information is used solely for affirmative action.
  • Unlawful
    • "Do you have any disabilities or physical defects?"

Relatives

  • Lawful
    • Names and addresses of persons willing to provide character or professional references for applicant.
    • Explain conflict of interest rules and ask if these affect applicant.
  • Unlawful
    • Names and addresses of applicant's relatives.

References

  • Lawful
    • Names and addresses of persons willing to provide character or professional references for applicant.
  • Unlawful
    • Require references from pastor, priest, rabbi, or other religious associates.

Organizations

  • Lawful
    •  Names of professional organizations to which applicant belongs.
    • Offices held in professional organizations.
  • Unlawful
    • Requesting other information about membership in organizations if this information would indicate race, religion, or national origin of applicant.

In Case of Emergency

  • Lawful
    • Names of persons to be notified in case of emergency.
  • Unlawful
    • Names of relatives to be notified in case of emergency.

Age

  • Lawful
    • Questions as to whether or not applicant meets minimum/maximum age requirements.
  • Unlawful
    • "How old are you?"
    • “When did you graduate?”
                     

Military History

  • Lawful
    • Experience/education in military services which would relate to the job applicant is seeking.
  • Unlawful
    • Type of discharge.
    • Military disciplinary record.

Medical Examination

  • Lawful
    • Require medical examinations prior to employment only if required of all applicants and necessary to assess ability to perform job safely and effectively.

 

Contact Sharon Berger, Recruitment Services Manager, sberg12@fau.edu or 7-3079 for assistance.