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The Interview Prepare for the Interview Legal and Illegal Questions

Illegal and Legal Questions
Employers should be aware of what questions they can legally ask in an interview and those that are illegal to ask when conducting an interview.


  • National Origin/Citizenship:
    Are you a U.S. citizen?
    Where were you/your parents born?
    What is your "native tongue?"
  • Age:
    How old are you?
    When did you graduate from college?
    What is your birthday?
  • Marital/Family Status:
    What's your marital status?
    Who do you live with?
    Do you plan to have a family? When?
    How many kids do you have? What are your child care arrangements?
  • Affiliations:
    To what clubs or social organizations do you belong?
  • Personal:
    How tall are you? How much do you weigh?
  • Disabilities:
    Do you have any disabilities?
    Please complete the following medical history. Have you had any recent or past illnesses or operations? If yes, list and give dates.
    What was the date of your last physical exam?
    How's your family's health? When did you lose your eyesight?
  • Arrest Record:
    Have you ever been arrested? Have you ever been convicted of _____?
    (The crime should be reasonably related to the performance of the job in question.
  • Military:
    If you've been in the military, were you honorably discharged?


  • National Origin/Citizenship:
    Are you authorized to work in the United States?
    What languages do you read, speak or write fluently? (This question is okay, as long as this ability is relevant to the performance of the job.)
  • Age:
    Are you over the age of 18?
  • Would you be willing to relocate if necessary? Travel is an important part of the job. Would you be willing to travel as needed by the job (This question is okay, as long ALL applicants for the job are asked it.) This job requires overtime occasionally. Would you be able and willing to work overtime as necessary? (Again, this question is okay as long as ALL applicants for the job are asked it.)
  • Affiliations:
    Do you belong to any professional or trade groups or other organizations that you consider relevant to your ability to perform this job?
  • Personal:
    Are you able to lift a 50-pound weight and carry it 100 yards, as that is part of the job? (Questions about height and weight are not acceptable unless minimum standards are essential to the safe performance of the job.)
  • Are you able to perform the essential functions of this job with or without reasonable accommodations? (This question is okay if the interviewer thoroughly described the job.) NOTE: As part of the hiring process, after a job offer has been made you will be required to undergo a medical exam. Exam results must be kept strictly confidential, except medical/safety personnel may be informed if emergency medical treatment is required, and supervisors may be informed about necessary job accommodations, based on the exam results.
  • Military:
    In what branch of the Armed Forces did you serve? What type of training or education did you receive in the military?

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