8/4/2010
Although some of the following topics can easily come up in the course of normal conversation, there are some areas that interviewers should stay away from to avoid an EEOC claim.
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Topic:
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NEVER ask:
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Instead, ask:
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Attendance
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How many children do you have? Who is your baby sitter? Do you have a car?
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What hours and days can you work? Do you have responsibilities that will interfere with your job?
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Citizenship
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What country are you/your parents from? What's your maiden name?
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Are you legally able to work in the U.S.? Have you ever worked under a different name?
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Arrests
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Have you ever been arrested?
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Have you been convicted of a crime?
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Disabilities
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Are you disabled?
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Can you perform the duties of the job you are applying for, either with or without reasonable accommodation?
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Military Record
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What type of discharge did you receive?
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What type of education, training, or work experience did you acquire while in the military?
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Language
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What is your native language?
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Which languages do you speak and write fluently? (only if the job requires additional languages)
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Organizations
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Which societies, clubs, and lodges do you belong to?
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Do you belong to any organizations that are relevant to the job or ability to perform it?
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In addition, these questions should NEVER be asked in any form to job applicants:
- What is your race or nationality?
- Have you ever filed for workers’ compensation?
- What is your religion? Which religious holidays do you observe?
- What is your gender or title (Mrs., Ms., Mr.)? Are you married?
- How old are you? What is your birth date?
- What is your medical history?
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