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With almost every job, the employment process begins with some type of pre-employment screening, usually by filling out an employment application, meeting for a face-to-face interview or both. Undoubtedly, the employer will ask you for all kinds of information about yourself. It wants to figure out if you're the type of person the employer wants to hire.

Federal and state laws limit what kinds of information an employer can ask you for during the interviewing process. If you're looking for a new job, it's a good idea for you to know what to expect. It's also wise to know a little about what you shouldn't do while job interviewing.

Personal Questions

Generally, an employer can ask you about things that test or measure your ability to do the job. Questions about your training, skills and education are good examples. On the other hand, questions about things that don't relate to the job are off-limits, like if you're married. You may be surprised about what an employer can and can't ask you.

Race, Sex, Religion, National Origin and Age

An employer normally can ask you about these things if there is a:

• Legitimate business purpose for it, such as keeping proper and accurate records required by state or federal laws. A good example is when an affirmative action law requires an employer to keep records on how many minorities it hires; or
• Bona fide occupational qualification (BFOQ) for the particular job - that is, a sex-based quality necessary for the job. For example, the female sex can be a BFOQ for the position of ladies' room attendant

Marital Status & Children

Under federal anti-discrimination laws, as well as the laws of many states, it's illegal for an employer to ask before you're hired if you're married or planning to get married. It's also illegal to ask if you have children, plan to have children, or if you've made child-care arrangements. However, questions regarding your availability to work specific hours and to travel on business are allowed. Also, after you're hired, your employer can ask about your marital status and family for insurance purposes.

Background Checks

The Fair Credit Reporting Act (FCRA) bars credit reporting agencies from giving your credit report to a prospective employer without your consent. Employers often ask for your credit report. This is especially true if the job includes handling financial matters or requires you to be bonded - a type of insurance that will pay the employer in case you do certain dishonest acts, like embezzle or steal from the employer.

In addition, under the FCRA, if you're not hired because of information contained in your credit report, the employer must tell you that in writing. And, it has to give you the name and address of the credit bureau that provided your credit report.

What about criminal records? The laws on arrest and conviction records vary greatly from state to state. Some states don't allow employers to get or use an applicant's arrest record when making the decision to hire her. That's because arrests are not, by themselves, an indication of any wrongdoing. You should check the laws in your area to see if an employer can ask you about arrests.

Records on convictions, on the other hand, are treated differently in most states. Usually, an employer can refuse to hire someone if a prior conviction is directly related to the job. So, a conviction for theft or embezzlement will probably prevent an applicant from being hired as a bank teller.

In addition, some states require a check for convictions for certain types of jobs, like teachers and daycare providers.

Physical Exams

If you're handicapped, the Americans with Disabilities Act (ADA) bars an employer from asking you any disability-related questions until after making a conditional job offer to you. Employers can, however, ask you to perform specific job tasks as part of the job interview.

Also, employers can require medical exams after you're offered a job so it can be sure that you're capable of doing the job.

Other Types of Tests

Some tests an employer may or may not use during the interview process include:

• Drug and alcohol tests. In most states, employers can test you for drug and alcohol use only after you've been offered the job. And, usually, the employer must tell you about any required tests during the interview process
• Genetic testing was once used by some employers to detect certain diseases in job applicants. A 2008 federal law now makes it unlawful for an employer to refuse to hire you because of your genetic make-up
• Under the Employee Polygraph Protection Act (EPPA), employers can't use lie detector tests on job applicants unless they'll regularly handle drugs, work in the security business, such as armed guards, or work for a government agency or a school
• Personality testing isn't barred by any federal law, but some states now limit its use

Be Truthful

When completing an employment application or sitting in an interview, answer the questions truthfully. In the end, lying can lead to being fired after the employer discovers the truth. For example, you can be fired for:

• Not reporting a record of prior felony convictions, if asked on the application or interview
• Claiming fraudulent completion of a college degree or specialized training
• Not being truthful about being fired for honesty-related problems, such as stealing from an employer

Questions for Your Attorney

• Should I tell my prospective employer about an arrest even if I was never convicted? Am I required to tell him about?
• Can an employer refuse to hire me if I don't consent to giving him my credit report?
• What can I do if my criminal background check comes back with incorrect information, like a conviction for crime I never committed?

Related Resources on Lawyers.com^sm

- Preemployment Background Checks
- Interview Questions about Personal Matters
- Employer: Job Discrimination FAQs
- Visit our Job Hunting page for more articles and resources
- Find a Labor and Employment Lawyer in your area
- Selecting a Good Labor and Employment Lawyer
- Visit our Employment message board for more help