The prime consideration during a job interview should be whether the candidate will be able to perform the job. Interview questions should be focused on whether the candidate has the qualifications, skills, and abilities needed to perform the job. This focus helps employers to hire a candidate who can actually do the job.
The test is whether these questions or phrases can be interpreted as: (a) soliciting information not pertaining to the person's ability to perform the job; (b) seeking information that could be used to discriminate against the candidate on the basis of his or her race, color, religion, age, sex, national origin, veterans status, sexual preference, or physical or mental disability status; and (c) inconsistent in their applications (i.e., asking one gender and not the other, etc.)
While examples are given within this document, the list is not exhaustive. Should you have more questions please contact Human Resources.
Sex, Orientation, or Gender Identity
Generally Permitted
None.
In rare circumstances where sex is a bona fide occupational qualification (BFOQ) reasonably necessary to the position, consult Human Resources before recruiting or interviewing candidates.
Example of a possible BFOQ:
- Residence hall advisor assigned to a single-sex residence hall.
Generally Not Permitted
Questions intended to identify or reveal a candidate's sex, sexual orientation, gender identity, or gender expression.
Examples:
- What pronouns do you use at home?
- Are you transgender?
- Are you gay, lesbian, or bisexual?
Marital Status, Family Status, or Family Plans (Pregnancy)
Generally Permitted
None.
You may ask questions regarding candidates' ability to meet work schedules, travel requirements, attendance expectations, or other job requirements. If such questions are asked, they must be asked of ALL candidates at the same stage of the process. They may not be asked to specific candidates based on assumptions, speculation, or stereotypes.
Generally Not Permitted
Questions regarding: Marital status, Dependents or children, Childcare arrangements, Pregnancy, Family planning.
Examples:
- Are you married/singe/divorced/widowed/etc?
- Do you have children?
- What are your plans for childcare?
- Are you pregnant?
- Are you planning to start a family?
Disability
Generally Permitted
- Describe the essential functions of the position and ask ALL candidates: Are you able to perform the essential functions of this position with or without reasonable accommodation?
- If an interviewer has a reasonable belief, based on objective evidence, that a disability may affect the candidate's ability to perform an essential function, the candidate may be asked how they would perform that function, with or without accommodation.
- Prior to an interview, candidates may be asked: Is there anything you need in order to participate in the interview process?
If a candidate requests an accommodation, please have them contact the Office of Human Resources and discuss with the ADA Coordinator. A hiring committee member may also contact the ADA Coordinator to discuss.
Generally Not Permitted
Questions regarding: Current or past disabilities, How an individual became disabled, Severity/prognosis, Any mental or physical medical conditions, Medical history, Mental health history, Workers' compensation claims, Workplace injuries
Examples:
- Do you have a disability?
- Have you ever filed a workers' compensation claim?
- Have you ever suffered a workplace injury?
- What medications do you take?
Race or Color
Generally Permitted
None.
Generally Not Permitted
Questions regarding a candidate's race, ethnicity, skin color, hair color, eye color, or other physical traits associated with race or ethnicity.
National Origin or Birthplace
Generally Permitted
- Are you legally authorized to work in the United States?
- Will you now or in the future require employment sponsorship to work in the United States?
Generally Not Permitted
Questions regarding: Birthplace, Ancestry, National origin, Ethnic background, Parentage, Lineage/descent, Nationality of dependents/spouse
Examples:
- Can you provide a birth certificate?
- What country are your parents from?
- What is your ethnic background?
- Where were you born?
Age
Generally Permitted
You may ask whether a candidate is of legal working age (and require proof).
Generally Not Permitted
Questions intended to determine a candidate's age (except minimum age).
Examples:
- How old are you?
- What year were you born?
- When did you graduate high school?
Religion or Creed
Generally Permitted
None.
You may ask questions regarding candidates' ability to meet work schedules, travel requirements, attendance expectations, or other job requirements. If such questions are asked, they must be asked of ALL candidates at the same stage of the process. They may not be asked to specific candidates based on assumptions, speculation, or stereotypes.
Generally Not Permitted
Questions regarding: Religious affiliation, Religious practices, Places of worship, Religious holidays observed, Willingness to work on a particular religious holiday.
Examples:
- What religion are you?
- What church do you attend?
- Are you willing to work on [religious holiday]?
Genetic Information
Generally Permitted
None.
Generally Not Permitted
Questions regarding a candidate's genetic information or family medical history.
Examples:
- Do you or any of your family members have a history of disorders or disease?
Military Service or Veteran Status
Generally Permitted
Questions regarding service, training, education, or experience that is relevant to the qualifications for the position, from the U.S Armed forces only.
Example:
- What training or experience from your military service would be applicable to this role?
Generally Not Permitted
Questions regarding a candidate's service for foreign armed forces, type of discharge, military records unrelated to job qualifications.
Examples:
- What type of discharge did you receive?
- Have you served in another country's military?
Availability
Generally Permitted
Asking ALL candidates the same questions regarding scheduling and availability requirements.
Examples:
- What days and shifts can you work? Are there shifts you cannot work?
- Do you have a reliable way of getting to work?
- This position requires evening shifts. Are you able to meet that requirement?
- This position requires travel up to 20% of the time. Are you able to meet that requirement?
Generally Not Permitted
Asking only certain candidates about work availability or scheduling concerns.
Examples:
- Asking only women how they will handle evening shifts because of childcare.
- Directly asking about weekend work could be seen as a proxy question for religious observance.
Citizenship
Generally Permitted
You may ask if the candidate will be able to prove their legal right to work in the United States within three days of being hired (I-9 requirement).
Generally Not Permitted
Any inquiry to determine the country in which the candidate holds citizenship, if other than U.S.
Examples:
- Are you a US citizen?
- Can you provide a birth certificate?
- What country are your parents from?
- What is your background?
- Where were you born?
- How did you learn [Language]?
- Where is your accent from?
Credit Information
Generally Permitted
None.
Generally Not Permitted
Questions regarding a candidate's credit rating or request financial data.
Examples:
- Do you have a bank account?
- Do you own a home or rent?
- Have your wages ever been garnished?
- Have you ever declared bankruptcy?
Criminal & Arrest Record
Generally Permitted
None.
Due to varying state laws, it is not recommended to ask candidates about prior convictions or arrests.
Candidates may be informed that if offered the position, the offer will be contingent upon a positive background check. Upon making a conditional job offer, HR will run a background check in accordance with USU's Criminal Background Check Policy (3301).
A committee will review any criminal records flagged in this process. A determination will be made if an offer of employment needs to be rescinded, or any restrictions on the work to be performed for USU.
Generally Not Permitted
Questions regarding arrests or criminal history. (e.g. number and kinds of arrests.)
An employer's use of an individual's arrest record to deny employment would, in the absence of business necessity, constitute a violation of human rights laws.
Education
Generally Permitted
Questions regarding job-related degrees, certifications, licenses, training, levels of education (where business necessity can be proven).
Examples:
- Tell us about the education or training that prepared you for this position.
- Do you possess the required certification listed in the job posting?
- If hired, are you able to obtain a [license/certification] within 60 days of hire?
Generally Not Permitted
Requiring a specific level of, or other questions regarding, education when no direct job-related requirement or business necessity can be proven.
Examples:
- Questions regarding when/what year a candidate received their degree/diploma may lead to age discrimination claims.
Height and Weight
Generally Permitted
None.
In rare circumstances where height or weight is a bona fide occupational qualification (BFOQ) reasonably necessary to the position, consult Human Resources before recruiting or interviewing candidates.
Example of a possible BFOQ:
- Minimum or maximum height or weight requirement if it is necessary for the safety requirements for the operation of specialized equipment
Generally Not Permitted
Questions regarding a candidate's height, weight, body measurements, clothing size, or uniform size.
Language and Communication Skills
Generally Permitted
Questions regarding language proficiency or communication skills (verbal/written) only when they are job-related qualifications.
Examples:
- This position requires fluency in Spanish. Please describe your level of proficiency.
- This position requires strong written communication skills. Describe your experience preparing professional reports.
Generally Not Permitted
Questions regarding: Native language, Language spoken at home, How a language was learned
Examples:
- What is your first language?
- What language do you speak at home?
- Where is your accent from?
Organizations
Generally Permitted
Questions regarding membership in professional, academic, or trade organizations directly related to the position.
Example:
- Are you a member of [a professional organization] in good standing?
Generally Not Permitted
Questions regarding organizations that may reveal protected characteristics (e.g. race, color, religion, sex, sexual orientation, marital status, veteran's status, or national origin).
Photographs
Generally Permitted
None.
In rare circumstances where photographs, tapes, etc., are required for a bona fide occupational qualification (BFOQ) reasonably necessary to the position, consult Human Resources before recruiting or interviewing candidates.
Example of a possible BFOQ:
- Theater/music programs requiring audition tapes or headshots.
Generally Not Permitted
In general, you may not request photographs or videos of individual candidates.
References
Generally Permitted
Names of professional, character, or other job-related references who can speak to the candidate's qualifications and work performance.
Example:
- What are the names of your personal references?
- Can we contact your current supervisor as a reference?
Generally Not Permitted
Requests for references that could reveal protected characteristics. (e.g. race, color, religion, sex, sexual orientation, marital status, veteran's status, or national origin)
Examples:
- Can you provide a [religious leader] as a reference?
Relatives or Family Relationships
Generally Permitted
Names of close relatives already employed by USU (to determine requirements of state nepotism law).
Example:
- Can you provide the names of your relatives who work for us?
Generally Not Permitted
In general, questions regarding names and addresses of any relative of candidate.
Questions regarding: Candidate's lineage, ancestry, national origin, descent, parentage, nationality, nationality of candidate's parents or spouse.
Residence or Address
Generally Permitted
Questions regarding a candidate's ability to work at the designated location or meet on-site requirements.
Examples:
- This position is located in [Logan, Utah]. Are you able to work at this location?
- This position requires regular on-site work. Are you able to meet that requirement?
- If selected for this position, do you have plans to relocate to the [Utah] area by the anticipated start date?
Generally Not Permitted
Questions regarding residence or address that may reveal protected characteristics. (e.g. race, color, religion, sex, sexual orientation, marital status, veteran's status, or national origin)
Examples:
- Do you own or rent your home?
- Who do you live with?
- How are you related to the people you live with?
Salary Expectations
Generally Permitted
We recommend sharing salary ranges with the candidates once you enter the interview stage. You may ask the candidate's salary expectations for the position.
Example:
- The anticipated salary range for this position starts at $XX,XXX. Does that align with your salary expectations?
Generally Not Permitted
Questions regarding current or prior compensation. Many states now have laws that prohibit an employer from asking about salaries.
Examples:
- What are you currently earning?
- What was your salary in your previous position?