INTERVIEWING JOB APPLICANTS: QUESTIONS YOU CAN AND CAN'T ASK
Last Reviewed: March, 2017


THE APPLICATION AND INTERVIEW PROCESS

A credit union’s compliance with employment laws begins with the application/interview process. Employment laws impact all phases of the employment relationship; however, credit unions are more limited in their inquiries in employment applications and interviews.

A credit union cannot directly or indirectly ask in an application or during an interview about an applicant's medical history, treatments for drug or alcohol abuse, workers compensation history, sex, date of birth, age, marital status, sexual preference, race, national origin or religion. The rationale behind this rule is credit unions may not use this information to exclude an applicant from employment.

Personal information such as, sex, date of birth, marital status and medical history can be obtained only after an offer of employment is made and then only for benefit purposes. Medical history information should be maintained in a file separate from the personnel file.

A credit union must limit its inquiry to job-related questions and refrain from peripheral topics. The following is a list of topics a credit union can and cannot ask during an interview.

Questions an Employer Cannot and Can Ask

Sex-Related Questions a Credit Union Should Not Ask:

Generally, a credit union does not intend to ask discriminatory questions; however, improperly phrased questions can suggest discriminatory intent. Consequently, when conducting an interview, a credit union should ask job-related questions and avoid any subjective questions like the following:

As a general rule, these questions are directed against women and are discriminatory in nature.

Sex-Related Questions a Credit Union May Ask:

The following inquiries are appropriately phrased work-related questions:

When these questions are asked, they MUST be asked to men and women. If these questions are asked only to females, for example, they can be construed as discriminatory statements because they are directed towards one sex.

Physical or Mental Impairment-Related Inquiries

The ADA prohibits questions which indirectly reveal whether an individual has a physical or mental impairment. This includes questions relating to hospitalizations, psychiatric treatment, illnesses or health-related problems, impairments, treatment for drug addiction or alcoholism, use of prescription drugs and/or prior workers compensation claims. A credit union cannot ask about the nature or severity of a disability. A credit union may inquire about whether an applicant physically is able to perform the essentials of the position, with or without accommodations.

Questions a Credit Union May Not Ask Regarding Physical/Mental Impairments:

A credit union cannot ask the following questions:

Questions a Credit Union May Ask Regarding Physical/Mental Impairments:

A credit union may ask the following questions, provided they are asked of all applicants:

Physical Appearance and Mannerisms:

Generally, questions relating to an applicant's appearance indirectly relate to an individual's sex, national origin, race or age. A credit union should refrain from making the following inquiries:

Age:

Typically, questions relating to age are obvious and are absolutely prohibited in an employment application or during an interview. Consequently, a credit union is prohibited from asking the following questions:

NOTE: A credit union can ask if an applicant is eighteen years of age.

Religion:

Credit Unions should not inquire about an applicant's religious affiliation with churches and/or social organizations, unless job-related.

Citizenship/National Origin:

Generally, any questions relating to an individual's citizenship or national origin are prohibited. However, it is permissible to ask an applicant if he or she is a U.S. citizen and if not, to obtain appropriate information concerning an individual's lawful status to work.

Consequently, a credit union should avoid asking the following questions:

Arrests and Convictions:

Generally, this line of inquiry is objectionable because it impacts minorities and earmarks individuals who are viewed as "trouble makers." Questions relating to arrests and convictions are permitted when job-related or if a bond is necessary for the position. Consequently, a credit union should avoid asking any of the following questions:

Financial Status - Reliability:

Generally, this line of questioning is objectionable because questions concerning financial status tend to affect minorities and are unrelated to the job. Consequently, a credit union should refrain from asking the following questions:

Recommendations for Compliance with Employment Laws During the Hiring Phase

To comply with employment laws and avoid employment discrimination claims relating to the hiring process, a credit union should establish uniform, job-related, objective selection criteria and consider the following strategies:

A credit union should also practice proper record keeping.