Interviewing Within the Law - EEOC

(Equal Employment Opportunity Commission) ENFORCED LAWS

Excerpt from the Interviewing & Candidate Evaluation Handbook)

The U.S. and State of Illinois legislatures have enacted laws which protect workers against employment discrimination in many areas. Discrimination against protected classes of people is illegal. Additionally, under the laws, retaliation against employees who have lawfully filed complaints against employers is also illegal. It is very important that management members understand the laws and the implications that arise from violation of these statutes. Understanding the laws enables the manager to understand the implications of violation of any EEO area. One type of violation may be covered by more than one law.

Several Federal statutes make illegal any aspect of discrimination in employment decisions including those in job advertisement, recruitment and hiring decisions:

·  Title VII of the Civil Rights Act of 1964

·  The Americans with Disabilities Act (ADA), and

·  The Age Discrimination in Employment Act (ADEA)

The Pregnancy Discrimination Act and the Age Discrimination in Employment Act are more recent and additional statutes that prohibit discrimination.

The U.S. Department of Justice, the U.S. Department of Labor, the Illinois Human Rights Commission, the Chicago Department of Human Relations and other county and municipal in Illinois also prohibit discriminatory hiring and employment practices.

OVERVIEW of ALLOWABLE QUESTIONS by TYPE (see examples in following pages)

TOPIC AREA / NOT ALLOWABLE / ALLOWABLE
Ethnic background / None allowed
Nationality / None allowed
Ancestry / None allowed
Language spoken / None allowed except / Position requires multi-lingual
Gender / None allowed
Racial identity / None allowed
Age related / None allowed except / Can you provide proof of age over 18 years?
Marital status/parental status / None allowed
Relationship status / None allowed
Religion / None allowed
Social clubs / None allowed
Professional organization / Allowed / Yes, "What memberships do you have?
Have you ever been arrested? / None allowed / May ask about convictions
Residence, or birthplace / None allowed / You may ask if applicant has legal right to work in the U.S.
Will you take an HIV test? / None allowed
Do you have commitments Sunday morning that will keep you from work? / Not allowed if seeking to determine religion / Allowed only if, e.g., the position is on the SVSS hotline, etc. and requires weekend work
Any question that relates to personal appearance / None allowed
Do you rent or own? / None allowed
Military experience / Some allowed / See section in following pages

Examples of UNLAWFUL Questions by Category

Ethnic Group, Nationality or Ancestry: There are NO lawful questions about ethnic background, nationality or ancestry status. **Note: If a position requires multi-lingual ability, then you may ask, “What languages do you speak and write?”

·  **Where were you born?

·  What is your native language?

·  What language do your parents speak?

·  What language do you speak at home?

·  Is English your native language?

·  What is your religion? What kind of name is that?

·  Have you ever changed your name?

·  Where do you live? (seeking information - certain neighborhoods are ethnic enclaves)

·  Of what country are you a citizen? (You may ask, "Are you a U.S. citizen.")

·  Are your parents citizens?

·  Are your parents native-born citizens?

·  Do you intend to become a citizen?

**Note: Prohibited as a question about religion and also prohibited as to ethnicity or nationality as a country may be linked to a predominant religion.

Gender related: There are NO lawful questions related to gender, unless gender is a BFOQ -- a bona fide occupational requirement, e.g., a position seeks a woman as an attendant for the ladies room at a center.

·  Are you pregnant?

·  Do you use birth control?

·  Are you planning to have children?

Racial: There are NO lawful questions about racial group or identification.

·  You're unusual looking. Are you mixed race?

·  What racial group do your parents belong to?

·  Do you have sickle cell anemia in your family?

·  Do you have your hair straightened?

Age Related: There are NO lawful questions about age except, "Are you 18 years of age or older” and “Can you provide proof of age?”

The YWCA does not have positions that would usually hire teenagers, whose work hours are subject to Illinois Statutes, nor does the YWCA have positions for which age must be determined to satisfy union requirements. If you intend to hire a person who is under 18 years of age, please collaborate with TPL as to allowable questions and Illinois statutes regarding the employment of persons under the age of 18.

·  When did you graduate from high school?

·  When is the date that you last attended high school?

·  What is your birthday?

Religion-oriented questions: There are NO lawful questions about religious affiliation.

·  What do you do on Sundays?

·  Do you go to church (temple, mosque, etc.)?

·  What religious holidays prevent you from working?

·  Is there a member of the clergy who would give a recommendation for you?

·  What is your faith? What is your partner's (doubly unlawful right there!) faith?

Marital Status or Questions Seeking Relationship Status: There are NO lawful questions about marital status.

·  Do I call you Ms. or Mrs.?

·  Do you want to get married?

·  What does your girlfriend/boyfriend do?

·  Have you been: married, divorced, separated?

·  What does your husband/wife do?

·  How much does your husband/wife make?

·  Whom do you live with?

·  Do you have children?

·  Will your boyfriend/girlfriend/spouse mind if you work an evening shift?

You may ask if the hours of the position are “doable” for the candidate, or if the candidate has other time commitments that might preclude working the required hours. You may ask if the candidate can arrange transportation to the workplace, but do NOT ask a question such as, "Will your spouse drive you to work?"

Residence/Birthplace related: You MAY inquire about length of current residency. You may inquire if the applicant has the legal right to work in the United States.

However, you may NOT request or ask about:

·  Copy of birth certificate;

·  Parents’ place(s) of birth;

·  Copy of baptismal record, or of naturalization records. (The required I-9 Form is completed AFTER hire.)

Organizations or Social Clubs: You may inquire about an applicant’s membership in professional associations (e.g. SHRM, the Society for Human Resources Management, etc.). You may NOT ask:

·  What clubs do you belong to?

·  Do you belong to a lodge?

·  Do you belong to a group where you worship? (a double violation)

·  Do you belong to groups at your church (or synagogue, mosque, etc.)?

MILITARY EXPERIENCE: Use caution as to the types of questions that you ask of an applicant with military experience.

You MAY ask about:

·  Military experience of applicant in the Armed Forces of the United States.

·  Whether separation from military service was for any reason other than a dishonorable discharge.

·  Whether applicant has received any notice to report for duty in the United States Armed Forces.

You may NOT ask about:

·  Applicant's military experience in other than U.S. Armed Forces.

·  National Guard of Reserve Units of applicant.

·  Draft classification or other eligibility for military service.

·  Dates and conditions of discharge.

Additional and potentially discriminatory questions include the following, which may be medically related, or which may concern appearance, marital status, gender, sexual preference, military service or financial issues:

·  Who takes care of your children?

·  Have you ever been arrested? (You may only ask about the number and type of convictions.) You may NOT ask about “arrest record.”

·  Do you drive? (Relative only to a position which requires that an incumbent drive between locations and then it should be phrased such as, “This position requires that you travel between locations. Have you transportation?” or “Is that a problem?”)

·  Will you take an AIDS test?

·  Have you ever been tested for HIV/AIDS? What was the result?

·  Are you straight, gay, transsexual, bi-sexual, etc.?

·  Who is your boyfriend/girlfriend?

·  Do you smoke?

·  Do your drink wine, beer or liquor?

·  Any question that relates to personal appearance, such as, "How tall are you?"

·  Any question that relates to military service, such as "Have you served in the military?" "Are you in the reserves?" "Do you have reserve or other obligations?" "Were you ever disciplined while in the military?"

·  Have you ever filed for bankruptcy?

·  Has your pay ever been garnished?

·  Do you have to pay child support?

·  Do you own a car? (You may ask if the candidate can arrange transportation to the workplace if s/he is hired.)

·  Do you rent, or own, your residence?

·  Do NOT ask an applicant about his/her height or weight?

·  Do not ask if an applicant is a smoker.

Your professional guideline should be: If you are not certain as to whether a question is allowed, then don't ask it. To remain legally compliant, it is important to remember that all of your questions must relate clearly to the job’s requirements. For example, you may state that the position requires some over-time and work on weekends, but do not ask an applicant if personal religious needs preclude weekend work.

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