Johnson School
Cornell University

Job Interviewing: Questions the Interviewer May Not Ask

In general, interviewers should avoid asking questions that either directly or indirectly address the applicant's preference, limitation or discriminatory ideas regarding race, religion, color, national origin, sex, age, disability or marital status. Interviewing questions should be related to performance on the job. The following lists those pre-employment inquiries that are lawful and unlawful in New York State. These laws apply to the recruitment, hiring, transfer and promotion of employees. If you have questions on any of these issues, call the Office of Workforce Diversity, Equity and Life Quality at X5-3976.

The New York State Human Rights Law prohibits pre-employment and certain other inquiries as to race, creed, color, national origin, sex, age, disability, marital status or arrest records unless based upon a bona fide occupational qualification or other exception.

"No person shall be denied the equal protection of the laws of this State or any subdivision thereof. No person shall, because of race, color, creed or religion, be subjected to any discrimination in his civil rights by any other person or by any firm, corporation, or institution, or by the State or any agency or subdivision of the State." (New York Constitution, Article I, Section II.)

Subject	Lawful Inquiry	Unlawful Inquiry
Race		Complexion, color of skin, coloring.
Religion or creed		Religious denomination, religious affiliations, parish or church, religious holidays observed. Applicant may not be told "This is a [Catholic, Protestant, Jewish] Organization."
National origin		Lineage, ancestry, national origin, descent, parentage, nationality. Nationality of applicant's parents, spouse.
Sex		Inquiry as to gender.
Marital Status	You may ask whether the applicant has any commitments that preclude him/her from meeting job schedules. If such questions are routinely asked, they must be asked of both sexes.
Birth Control		Capacity to reproduce, advocacy of any form of birth control or family planning.
Age	Are you 18 years of age or older; if not, state your age.	How old are you? What is your birth date? What are the ages of your children? Inquiries designed to discover age, such as "What year did you graduate?"
Disability	According to the New York State Division of Human Rights, while an employer may lawfully inquire whether an applicant can perform specific tasks necessary in the position for which the person has applied, an employer may not ask whether an applicant has a disability or has been treated for specific diseases.	Do you have a disability? Do you have any impairments, physical, mental or medical, which would interfere with reasonable job performances? Have you ever been treated for any of the following diseases . . .? Do you have now or have you had a drug or alcohol problem? If there are any positions or duties for which you should not be considered because of a physical, mental, or medical disability, please describe.
Arrest record	Have you ever been convicted of a crime? (Give details.)	Have you ever been arrested?
Name	Have you ever worked for this institution under a different name? Is additional information relative to name change, assumed name or nickname necessary to enable a check on your work record? If so, explain.	Original name of applicant whose name has been changed by court order or otherwise. Maiden name of married woman. If you have ever worked under another name, state name and dates.
Address or duration of residence	Place of residence. How long a resident of this state or city?
Birth place and date		Birth place or birth place of spouse or other relative. Requirement to submit birth certificate, naturalization or baptismal records.
Photograph		Requirement or option to affix photo to employment form at any time before hiring.
Citizenship	You may tell applicant that proof of citizenship or a permanent immigration visa will be required at time or employment.	Requirement to produce naturalization papers or first papers. Of what country are you a citizen? Naturalized or native-born? Date citizenship acquired? Are parents, spouse, naturalized or native-born citizens of this country? Date citizenship acquired?
Language	Language(s) spoken or written fluently, when position requires such ability.	What is your native language? How did you acquire your ability to read, write or speak a foreign language?
Education	Academic, vocational, professional education, public and private schools attended.
Experience	Work experience.
Relatives	Name(s) of relative(s) already employed by this institution.	Number, name, addresses, ages of spouse, children, relatives not employed here. Name and address of person to be notified in case of accident or emergency.
Military experience in United States	Experience in United States Armed Forces or State Militia. Service in a particular branch, e.g. Army, Navy. Did you receive a dishonorable discharge?	Experience other than in the United States Armed Forces or State Militia. Did you receive a discharge in other than honorable circumstances?
Driver's license	Do you possess a valid NYS driver's license?	Requirement to produce a driver's license.
Organizations	Membership in organizations specified by applicant to be relevant to his/her ability to perform the job.	List all clubs, societies, lodges to which you belong.

Last Modified: March 25, 2003