Interviewing Do's & Don'ts

Proper and Improper Pre-Employment Inquiries

Mercer is committed to equal opportunity in employment as stated in the University’s Equal Opportunity and Affirmative Action Policy. In addition, under the Affirmative Action Plan (AAP), the University takes affirmative measures to increase the representation of minorities and women in areas in which they may be underutilized or underrepresented, and to employ and advance qualified individuals with disabilities and/or protected veterans.

EEO Guidance on Interview Questions

The Equal Employment Opportunity Commission provides some specific examples of interview questions which are and are not acceptable under the law. This is not an all inclusive list, but is provided for guidance when interviewing. Please contact the HR office should you have any questions.

Further information can be found on the EEOC website: https://www.eeoc.gov/laws-guidance.

Age

Acceptable

Statement that being hired is subject to verification that applicant meets legal age requirements:

  • If hired, can you show proof of age?
  • Are you over eighteen years of age?
  • If under eighteen, after employment, can you submit a work permit?
Unacceptable
  • Age
  • Birthdate
  • Dates of completion or attendance of elementary or high school
  • Questions which tend to identify applicants over age 40

Name

Acceptable
  • Have you ever used another name?
  • Is any additional information relative to change of name, use of an assumed name or nickname necessary to enable a check on your work and education record? If yes, please explain.
Unacceptable
  • What is your maiden name?

Gender, Marital Status

Acceptable
  • None
Unacceptable
  • Questions which indicate applicant’s gender
  • Questions which indicate whether the applicant is married, divorced, separated, widowed or single:
  • “Is it Miss or Mrs.?”
  • Are you married?”

Family

Acceptable
  • Name and address of parent or guardian, only if applicant is a minor
  • Statement of company policy regarding work assignment of employees who are related
  • Do you have any responsibilities that conflict with the job attendance or travel requirements?
Unacceptable
  • How many children do you have?
  • Who takes care of your children while you’re working?
  • What does your spouse think about you working outside the home?
  • Number and/or ages of children or dependents
  • Questions regarding pregnancy, child bearing or birth control
  • Questions regarding where a spouse or parent works or resides
  • Name or address of relative, spouse or children of adult applicant

Residence

Acceptable
  • Address
Unacceptable
  • Do you rent or own your home?
  • Who resides with you?

Birthplace, Citizenship

Acceptable
  • Can you, after employment, submit verification of right to work in the U.S.?
Unacceptable
  • Birthplace of applicant, applicant’s parents, spouse or other relatives
  • Are you a U.S. citizen?
  • What is citizenship of parents, spouse or other relatives?
  • What type of work visa do you have?
  • Requirement that applicant furnish naturalization papers or alien card prior to employment

National Origin

Acceptable
  • Languages which an applicant reads, speaks or writes, if use of a language other than English is relevant to the job for which the applicant is applying
Unacceptable
  • Questions as to lineage, ancestry, national origin, nationality, descent or parentage of applicant, applicant’s parents or spouse
  • What is your mother’s tongue?
  • What language do you commonly use?
  • Kowalski…that’s Polish, isn’t it?
  • Have you had your name changed by court order?
  • How did applicant acquire the ability to speak a foreign language?

Race, Color

Acceptable
  • None
Unacceptable
  • Any questions regarding applicant’s race, color, complexion, color of hair, eyes or skin

Physical Description, Photograph

Acceptable
  • Statement that photograph may be required after employment
Unacceptable
  • Questions about an applicant’s height and weight
  • Request that an applicant affix photograph to application
  • Request applicant, at his or her option, to submit a photograph
  • Request a photo after interview but before offer of employment

Physical Condition, Disability

Acceptable
  • Statement that offer of employment may be made subject to applicant passing a job-related physical examination, if applicable
  • Are you able to perform the essential functions of this job with or without reasonable accommodation? [Show applicant the job description.]
Unacceptable
  • Questions regarding applicant’s general medical condition, state of health or illnesses
  • Questions regarding past receipt of Workers’ Compensation
  • Do you have any handicap or physical disabilities? [Applicants may be asked to describe or demonstrate how they will be able to perform job-related functions.]
  • Are you disabled?
  • What is the nature or severity of your disability?
  • What happened to cause your disability?
  • Basically, all questions regarding health or medical condition are NOT acceptable.

Arrest, Criminal Record

Acceptable
  • Since the age of 18, have you ever been convicted of a misdemeanor or felony? [Such a question must be accompanied by a statement that a conviction will not necessarily disqualify an applicant from employment.]
Unacceptable
  • Have you ever been arrested?

Economic Status

Acceptable
  • None
Unacceptable
  • Questions regarding name of applicant’s bank, current or past assets, liabilities or credit rating, including bankruptcy or garnishment

Military Service

Acceptable
  • Questions regarding relevant skills acquired during applicant’s U.S. military service
Unacceptable
  • General questions regarding military service such as date and type of discharge
  • Questions regarding service in a foreign military

Organizations, Activities

Acceptable
  • Please list job-related organizations, clubs, professional societies or other associations to which you belong — you may omit those which indicate your race, religious creed, color, national origin, ancestry, sex or age.
Unacceptable
  • List all organizations, clubs, societies and lodges to which you belong.

References

Acceptable
  • By whom were you referred for a position here?
  • Names of persons willing to provide professional and/or character references for applicant
Unacceptable
  • Questions of applicant’s former employers or acquaintances which elicit information specifying the applicant’s race, color, religion, creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status

Notice In Case of Emergency

Acceptable
  • Name and address of person to be notified in case of accident or emergency
Unacceptable
  • Name and address of relative to be notified in case of accident or emergency