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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 the Sharon Berger, Employment Manager, sberg12@fau.edu or 7-3079 for assistance.
