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Page 21 of 57 |
What can't employers ask in interviews? |
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In interviewing prospective employees, there are a number of things an employer is prohibited from asking the applicant. These include:
(1) his/her religion
(2) whether s/he is a member of a union
(3) whether s/he has a disability (although questions relating to ability to perform the job are permissible)
(4) questions designed to exclude employees on a prohibited discriminatory basis
(5) questions which would violate state laws preventing invasion of privacy
(6) taking a polygraph (lie detector) test (but there are exceptions to this)
(7) for a credit check, unless such information is used solely for necessary job related purposes
(8) to take a physical examination, unless all employees are required to be physically examined, the records are kept confidential and the information obtained is not used to discriminate on the basis of disability.
There is no specific prohibition of drug-testing under federal law although several states have imposed certain restrictions on the use of drug tests.
All employers are required to complete a Immigration and Naturalization Form I-9 for each new employee. This form verifies that the employer has checked documents which show a person's right to work in the U.S. The hiring of an unauthorized alien can subject an employer to fines and imprisonment.
Although an employer may not discriminate based upon gender, Title VII does not prevent discrimination on the basis of sexual orientation. However, some states and cities have laws which prohibit discrimination in employment on the basis of sexual orientation (for example: California, Hawaii, Wisconsin and Chicago). |
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