Interviewing Guidelines for Principals - Lawful and Unlawful Questions
QUESTIONS BEFORE HIRING |
LAWFUL |
UNLAWFUL |
| Name | Name | Any inquiry that would indicate race, color, religion, sex, national origin, handicap, age or ancestry |
| Address | Inquiry into place and length of current address | Inquiry into foreign address that would indicate national origin |
| Age | Any inquiry limited to establishing that applicant meets any minimum age requirements which may be established by law | (a) Requiring birth certificates or baptismal record before hiring (b) Any other inquiry which may reveal whether applicant is at least 40 and less than 70 years of age |
| Birthplace or National Origin | (a) Any inquiry into place of birth (b) Any inquiry into place of birth of parents, grandparents or spouse (c) Any other inquiry into national origin |
|
| Race or Color | Any inquiry that would indicate race or color | |
| Sex | (a) Any inquiry that would indicate sex (b) Any inquiry made of members of one sex but not the other |
|
| Religion or Creed | (a) Any inquiry that would indicate or identify religious denomination
or custom (b) Applicant may not be told any religious identity or preference of the employer (c) Request pastor’s recommendation or reference |
|
| Disability | Inquiries necessary to determine applicant’s ability to substantially perform specific jobs without significant hazard | Any other inquiry that would reveal disability |
| Citizenship | Can require proof of citizenship or visa status after offering the position | (a) Asking if native-born or naturalized (b) Requiring proof of citizenship before hiring (c) Asking whether parents or spouse are native-born or naturalized |
| Photographs | May require for identification purposes | Cannot require photographs before hiring |
| Arrests and Convictions | Inquiry into convictions for specific crimes related to qualification of the job applied for | Any inquiry that would reveal arrests without convictions |
| Education | (a) Inquiry into nature and extent of academic, professional or
vocational training (b) Inquiry into language skills, such as reading and writing of foreign languages |
(a) Any inquiry that would reveal the nationality or religious affiliation
of a school (b) Any inquiry as to what native tongue is or how foreign language ability was acquired |
| Relatives | Any inquiry about a relative that would be unlawful if made about the applicant | |
| Organizations | Inquiry into organization memberships and offices held, excluding any organizations the name or character of which indicates the race, color, religion, sex, national origin, disability, age or ancestry of its members | Inquiry into all clubs and organization where memberships is held |
| Military Service | (a) Inquiry into service in U.S. Armed Forces when such service
is a qualification for the job (b) Can require military discharge certificate after being hired |
(a) Inquiry into military service in armed service
of any country but U.S. (b) Request military service records (c) Inquiry into type of discharge |
| Work Schedule | Inquiry into willingness to work required work schedule | Any inquiry into willingness to work any particular religious holiday |
| Other | Any question required to reveal qualifications for the job applied for | Any non-job related inquiry that may reveal information permitting unlawful discrimination |
| References | General personal and work references not relating to race, color, religion, sex, national origin, disability, age or ancestry | Request references specifically from clergy or any other persons who might reflect race, color, religion, sex, national origin, disability, age or ancestry of applicant |
