Appendix B.  Guide to Pre-employment Interviewing


  • 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.



  • 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) .



  • Unlawful

- Questions regarding race.

- Any question which would indicate race.



  • 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.



  • 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.



  • 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.



  • Lawful

- Schools attended.

- Degrees acquired.

- Transcripts, if required of all applicants for similar work.

  • Unlawful

- Questions regarding national, racial, or religious affiliations. 



  • 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.



  • 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.)



  • 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?"



  • 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.



  • 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.



  • 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.



  • 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, or 7-3079 for assistance.

 Last Modified 11/8/16