All-4-HR Blog Spot: 6 Questions NOT To Ask On An Application or During An Interview!

Yesterday’s blog discussed 6 important ways to avoid hiring the wrong candidate. If you did not get a chance to check it out, here is the link. Relying on resumes only is not a good practice. Quite simply, all employment application information is not contained on a resume. Although, keep in mind do not inundate job applicants with an extremely long application either. Although employers try to gather as much information as they can during the application and hiring process, there are questions that should NOT be asked on the application or during the interview. Actually, these questions should not be asked in the workplace period!

1. NO Age Questions – There should be no questions, nor what year the applicant graduated from high school or received their diploma. Instead, ask how many years of college were completed and what degree was attained. You can ask if the applicant is 18 years or older. If the applicant is under the age of 18, you can ask the age due to child labor laws.

2. NO Questions relating to age, race, color, national origin, religion, gender, disability, pregnancy or genetic information. This information is protected under protected classes by state law.

3. NO Citizenship Questions. You can NOT ask if an applicant is a United States Citizen. Instead you can ask an applicant if they are authorized to work in the U.S. The employer can also ask if the applicant requires sponsorship of a visa.

4. NO Questions – Do you have a Car? Unless the position requires driving and the applicant must have a driver’s license, the applicant can NOT be asked if they have a vehicle. The applicant can be asked simply do they have transportation to and from work.

5. Conviction Questions? – Employers can ask about criminal convictions. The employer MUST include a disclaimer indicating that a conviction is not an absolute bar from employment. Check your state laws. Some state bar this question totally.

6. NO Social Security Number Questions – Questions about social security numbers must not be put on an application. Some states in fact, prohibit these questions due to identity theft.

Note: Some employers request an applicant’s previous W-2 to verify previous salary. Although this is not prohibited, there are some risks an employer should be aware. A W-2 may contain information to suggest the applicant is in a protected class (dependent care benefits, military differential pay, and sick pay usage) which can turn around and be used in a discrimination claim. Employers are urged not to ask for this information. If you ARE asking for a W2’s from applicants, be consistent, not selective; require that all applicants produce previous W2! You can wait until the applicant is hired to request a previous W2.

The application and interview process should focus on job-related and be consistent with business necessity. The above questions and information are protected by state laws and employers should make sure these questions are not on your applications nor asked during the interview.