What hiring questions are legal?

Q: I don't want to be charged with discrimination in hiring. What questions can or can't I ask on a job application or in an interview?

A: Both federal and state laws prohibit discrimination in hiring. Groups protected by federal law include women, persons with disabilities and persons 40 years old and over. Employers may not discriminate against applicants based on race, national origin, religion, arrest record, credit history, dishonorable military discharge, labor union membership or history of workers' compensation claims.

Asking questions that directly or indirectly solicit information about these characteristics can be interpreted as intent to discriminate.

The questions you ask on an application form or in an interview should be related to the performance of the job and framed in a way that gives you the information you need to evaluate the candidate without requesting prohibited information.

For example, rather than asking the applicant's age or birth date, ask, "Are you at least 18 years old?"

Instead of inquiring about a person's country of origin, ask, "Are you a United States citizen or legally permitted to work in the U.S.?"

Don't include a gender blank on written applications or ask applicants whether they are married or have children. Don't ask about their religious affiliations or practices. Don't ask if they have ever filed a work comp claim or filed for bankruptcy.

Don't ask if they have ever been arrested. You may ask if they have been convicted of a crime, but previous convictions should not mean automatic rejection unless job-related.

Persons with disabilities have the right to reasonable accommodations for an interview and on the job. Prior to making a job offer, you may not inquire if an applicant has disabilities or medical conditions that might affect their job performance.

However, if the person has an obvious disability or voluntarily discloses a disability that appears to interfere with a job function, you may ask them to describe or demonstrate how they would perform that task, with or without accommodation.

The bottom line is this: can the person perform the duties of the job, regardless of race, age, gender, disabilities or other characteristics? Keep your questions relevant to the job and the applicant's potential and you should be able to avoid discrimination charges.