Employer: Job Applicant and Interview FAQs

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  • What questions can an employer ask in a job interview?

  • Can an employer refuse to hire a pregnant job applicant ?

  • What type of information can be gathered during a background check ?

  • Can an employer refuse to hire someone because of a criminal conviction ?

  • Can an employer require an applicant to take a polygraph test ?

  • Can an employer require psychological and drug tests for prospective employees?

    Q: What questions can an employer ask in a job interview?

    A: Federal law forbids an employer from discriminating against any person on the basis of sex, age, race, national origin or religion. As an employer, you may ask questions related to the job position, but not personal, private questions that don't have a direct bearing on the ability to perform the functions of the job, such as:
    • Medical or disabling conditions
    • Whether or not the interviewee is married, or has plans to marry
    • Whether or not he or she has or plans to have children
    • The interviewee's religious beliefs (unless the employer is a religious-based organization)
    • His or her age
    • Sexual orientation
    • Where or when the interviewee was born
    • Whether or not an employee has ever been arrested (as opposed to convicted)?

    However, there may be other ways to ask a question if the information is relevant to the job position. For example, it may not be inappropriate to ask if there are any circumstances that would prevent the employee from performing the job requirements.

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    Q: Can an employer refuse to hire a pregnant job applicant?

    A: Yes, but NOT due to the pregnancy, except in certain specific situations where the job or conditions surrounding the job could cause harm to the fetus. Examples would be jobs requiring physical labor unsuitable for a pregnant woman, or where there may be contact with chemicals.

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    Q: What type of information can be gathered during a background check?

    A: A "background check" can vary from one prospective employer to the next, depending on what the employer thinks is important to review before hiring. A check can include a number of items, such as:
    • Criminal records
    • Credit reports
    • Driving records
    • Education records
    • Bankruptcy records

    For a potential employer to obtain an applicant's personal records such as credit history or educational records, the prospective employee must provide specific authorization.

    If an employer bases the decision not to hire an applicant on information found in a credit report, the employer must comply with all the Fair Credit Reporting Act's notice and disclosure requirements. If a job applicant believes information on the credit report is wrong, he or she can inform the screening agency, which must remove or correct inaccurate or unverified information within 30 days.

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    Q: Can an employer refuse to hire someone because of a criminal conviction?

    A: In many cases, an employer CAN refuse to hire an applicant based on a criminal conviction. It will depend on:
    • What the conviction was for
    • Whether it's related to the job in question
    • How long ago it was

    An example that might prevent employment would be if the prior conviction is theft-related, and the position involves handling money. A prospective employee doesn't have to disclose an arrest that didn't lead to a conviction.

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    Q: Can an employer require an applicant to take a polygraph test?

    A: The Employee Polygraph Protection Act ("EPPA") significantly restricts the ability of private employers to require polygraph tests, either in pre-employment screening or with current employees. Local, state, and federal governmental agencies (such as police departments) as well as public agencies (like school districts) aren't affected by the law.

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    Q: Can an employer require psychological and drug testing for prospective employees?

    A: Psychological testing is permitted as long as the tests aren't designed to discriminate on the basis of race, color, religion, sex, age or national origin. But this is an area where employers must use extreme caution.

    The laws on drug testing vary tremendously from state to state. Some states allow them in limited instances, some not at all, and others allow all testing.

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