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Job Search Handbook legal/illegal questions 34 Legal and Illegal Interview Questions There are questions which are legal and illegal to ask as part of the job search process. Here is a list of what can and cannot be asked, based upon current laws. You may always volunteer this information if you think it is in your best interest. Inquiry Area Illegal Questions Legal Questions Age • May not require an applicant’s age, date of birth, or for records to prove his/her age. • Year of graduation from high school. • An employer may ask whether an individual meets the minimum age requirements set by law. “Are you over the age of 18?” is an appropriate question. National Origin/ Citizenship • Are you a U.S. Citizen? • Where were you/your parents born? • What is your “native tongue?” • Are you authorized to work in the United States? • All questions regarding a person’s race/ color will be deemed illegal under state None. and federal laws. • Any question with regard to an applicant’s religious beliefs, • After an individual is hired, an denomination, or any questions that employer may inquire about Religion indicate religious customs or holidays religious accommodations. observed. • Are you married? • Would you be willing to relocate • With whom do you live? if necessary? Marital/Family • Do you plan to have a family? • Would you be able and willing Status • What are your child-care arrangements? to work overtime as necessary? • Are you able to lift a 50-pound • How tall are you? weight and carry it 100 yards, as Personal • How much do you weigh? that is part of the job? Race/Color Disabilities • Do you have any disabilities? • Please complete the following medical history. • How’s your family’s health? Arrest Record • Any inquiry in relation to arrests. Questions related to convictions prior to an applicant being offered a job interview or a conditional offer of employment. Military • If you’ve been in the military, were you honorably discharged? • Are you able to perform the essential job functions? • Can you demonstrate how you would perform the following job-related functions? • Inquiries into actual convictions which related reasonably to ability to perform a particular job can be made once an applicant has been offered a job interview or a conditional offer of employment. • In what branch of the Armed Forces did you serve? • What type of training or education did you receive in the military?