Employee Interviewing Federal Guidelines: What You Can and Cannot Ask

Federal Guidelines in Employment Interviewing: What You Can and Cannot Ask

When interviewing potential employees, managers should frame questions and pose situational scenarios that are performance focused. But questions must follow federal guidelines as set out by the Equal Employment Opportunity Commission (EEOC) and the Americans with Disabilities Act (ADA). Any time a manager undertakes an employment interview, he or she must be certain about what can and cannot be asked and said in such pre-employment interviews. Below is a partial list of lines of inquiry that can and cannot be explored in such interviews.

You CAN:

Ask about previous employment including job performance

But you CANNOT:

Ask about marital status, race, ethnicity, religion, or sexual orientation

You CAN:

Ask whether the individual can meet the work schedule and attendance requirements

But you CANNOT:

Ask about the individual’s partner, the partner’s employment, or child care arrangements

You CAN:

Ask for date of birth and proof of age

But you CANNOT:

Show preference for younger people in hiring

You CAN:

Ask about training and experience in the U.S. military

But you CANNOT:

Ask about reasons for military discharge or request copies of discharge papers

You CAN:

Ask how long the applicant plans to stay on the job or about any expected absences

But you CANNOT:

Ask direct questions about previous or possible future pregnancies

You CAN:

Ask for names of job references

But you CANNOT:

Ask about the origin of a name or anything about a name that would reveal its owner’s marital status

You CAN:

Ask about height or weight if it is a job requirement

But you CANNOT:

Ask about height or weight if there is no job requirement

You CAN:

Ask whether the individual can be cleared to work lawfully in this country and can provide proof of this after hiring

But you CANNOT:

Request a photograph before hiring

You CAN:

Request address where the individual can be contacted

But you CANNOT:

Ask with whom the individual is living or whether the individual owns or rents his or her home

For more information on best practices for conducting interviews, and the federal guidelines, visit www.healthpropress.com/sperry2.

This post was adapted from Becoming an Effective Leader in Healthcare Management: The 12 Essential Skills, Second Edition by Len Sperry, M.D., Ph.D., Copyright © 2017 by Health Professions Press, Inc. All rights reserved. 

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Becoming an Effective Leader in Healthcare Management

Becoming an Effective Leader in Healthcare Management
The 12 Essential Skills
Second Edition
By Len Sperry, M.D., Ph.D.
Copyright © 2017 by Health Professions Press, Inc.

Learn and master the 12 critical interpersonal, financial, and organizational healthcare management skills with this practical guide from a seasoned healthcare manager.

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