interviewing-job-candidates

Interviewing Job Candidates

Be aware some job applicants will apply simply to get evidence to support benefit claims they are looking for employment. Be aware some applicants may be looking for you to ask illegal questions in the hope of being able to get financial compensation. There are 1.3 million attorneys in the US, and they are all looking for work.

It is recommended whenever possible that interviews are not conducted one-to-one. An option is to have an ExportAction team member attend.

  • Do not inquire into race, color, religion, sex, national origin, handicap, age, or ancestry.
  • Do not ask if parents or spouse are native-born or naturalized. Do not ask as to “mother tongue,” or if English is the candidate’s first language. You can ask about language skills if they are job related.
  • Do not ask a woman if she is Miss, Mrs, or Ms.
  • Do not ask for a birth certificate or baptismal record before hiring. Do not make any inquiry which would reveal the date of high school graduation. You can ask, “Are you over the age of 18?”
  • Do not ask about marital status (including engagement and/or divorce), number and age of children, or child-care arrangements before hiring. Do not ask if the applicant lives with someone and/or plans to have children. You could say, “This position requires occasional overtime and/or travel. Would this present a problem for you?” Or “Would you be willing and able to relocate if necessary?”
  • Do not ask about the racial or religious affiliation of schools attended. Do not request references specifically from clergy or any other person who might reflect race, color, religion, sex or national origin, age disability or marital status. You can ask about the nature and extent of academic, professional, or vocational training.
  • Do not ask about clubs or social organizations to which the candidate belongs. You can ask, “Do you belong to any professional or trade groups or other organizations that you consider relevant to your ability to perform this job?”
  • Do not ask about a candidate being willing to work on religious holidays. You can inquire into ability to work a required schedule.
  • Do not inquire if the job applicant is handicapped or has a disability or ask about nature and severity of handicap. Do not ask “Have you had any operation or recent/past illnesses?”
  • Do not ask about height or weight. You can ask whether the applicant can perform the essential functions of the job – ideally giving an example such as, “Are you able to lift a 50-pound weight and carry it 100 yards, as that is part of the job?”
  • Do not ask, “Have you ever been arrested?” You can ask for written permission to have a background check conducted (highly recommended in every instance).
  • Do not request military service records or inquire about the type of military discharge.
  • Do not ask for evidence of US citizenship before making a job offer. You can ask, “Are you authorized to work in the United States?” It is the employer’s responsibility to verify that each new employee is legally eligible to work in the United States and to completeForm I-9. You are required to get each employee’s name and Social Security Number (SSN) and to enter them on the form.
  • Do not inquire into race, color, religion, sex, national origin, handicap, age, or ancestry.
  • Do not ask if parents or spouse are native-born or naturalized. Do not ask as to “mother tongue,” or if English is the candidate’s first language. You can ask about language skills if they are job related.
  • Do not ask a woman if she is Miss, Mrs, or Ms.
  • Do not ask for a birth certificate or baptismal record before hiring. Do not make any inquiry which would reveal the date of high school graduation. You can ask, “Are you over the age of 18?”
  • Do not ask about marital status (including engagement and/or divorce), number and age of children, or child-care arrangements before hiring. Do not ask if the applicant lives with someone and/or plans to have children. You could say, “This position requires occasional overtime and/or travel. Would this present a problem for you?” Or “Would you be willing and able to relocate if necessary?”
  • Do not ask about the racial or religious affiliation of schools attended. Do not request references specifically from clergy or any other person who might reflect race, color, religion, sex or national origin, age disability or marital status. You can ask about the nature and extent of academic, professional, or vocational training.
  • Do not ask about clubs or social organizations to which the candidate belongs. You can ask, “Do you belong to any professional or trade groups or other organizations that you consider relevant to your ability to perform this job?”
  • Do not ask about a candidate being willing to work on religious holidays. You can inquire into ability to work a required schedule.
  • Do not inquire if the job applicant is handicapped or has a disability or ask about nature and severity of handicap. Do not ask “Have you had any operation or recent/past illnesses?”
  • Do not ask about height or weight. You can ask whether the applicant can perform the essential functions of the job – ideally giving an example such as, “Are you able to lift a 50-pound weight and carry it 100 yards, as that is part of the job?”
  • Do not ask, “Have you ever been arrested?” You can ask for written permission to have a background check conducted (highly recommended in every instance).
  • Do not request military service records or inquire about the type of military discharge.