Guideline 4-1a: Permitted and Prohibited Pre-Employment Questions

 

Job-Related Questions
Interview questions should be job-related and focus on the candidate’s academic preparation, related work experience, and depth of knowledge within the content area. Additionally, questions should provide an opportunity for the candidate to discuss how he/she would respond to scenarios or examples of job-related issues that may be faced by the person in this position.

Race/Ethnicity
A candidate may not be asked questions concerning ethnic background.

Age
A candidate may not be asked questions concerning age. To comply with federal regulations, records regarding age must be kept but are obtained following hiring and maintained in the Human Resource office.

Disability Status
Prior to a job offer, a candidate may not be asked questions concerning whether he/she has a disability or health problem which may affect job performance, or which the college should consider in determining the need for accommodation. A candidate may be asked only if he/she can perform the essential functions of the job or if there is anything that would prevent him/her from performing the job. It is the responsibility of the candidate to inform the college that he/she has a disability and to request reasonable accommodations. In light of the Americans with Disabilities Act, it is important to consult with Human Resources if any questions arise regarding disabilities.

Religion or Creed
A candidate may not be asked questions concerning religious denomination, religious affiliations, and/or church attendance. A candidate may be advised of normal hours or days of work required by the position to avoid possible conflict with religious or other personal convictions.

Marital or Parental Status
A candidate may not be asked questions concerning whether the candidates are married, single, divorced, or engaged. Questions regarding the number and age of children, pregnancy or future pregnancy is also prohibited. The candidate may be asked if he/she can meet specific time schedules or if he/she has activities, commitment or responsibilities that may hinder meeting attendance requirements. A candidate may be asked about expected duration in the position or anticipated absences if the questions are asked of all candidates and weighed equally for males and females.

Character
A candidate may not be questioned about whether they have ever been arrested, or about personal habits in private life. A candidate may be questioned as to whether they have been convicted of a crime and, if so, when, the nature of the crime, and the disposition of the case.

Credit Rating
A candidate may not be questioned regarding credit rating or financial commitments.

Organizational Membership
A candidate may be questioned regarding organizational memberships associated with ability to discharge the responsibilities of the position, but excluding any organization that might indicate the race, religion, national origin or ancestry of its members.

References
A candidate may be asked who suggested that the candidate apply for a position with the college. Names and address of persons willing to give references may be requested.

Military Experience
A candidate may be asked about military duty, and the type of education and experience obtained in military service as it relates to a particular position. A candidate may not be asked what type of discharge was received.