Introduction to the Job Interview in the U.S. Company

The inquiries posed by HR during a job interview may lead to legal complications for the organization if specific protocols are not adhered to. Even seemingly benign questions have the potential to trigger a discrimination lawsuit. This article aims to provide a concise overview of the types of questions commonly asked by U.S. companies when interviewing job candidates.

1. Some Current Pitfalls
   
   Legislation pertaining to antidiscrimination and consumer protection imposes limitations on the nature and extent of pre-employment inquiries that may be conducted. Furthermore, judicial rulings and administrative decisions have further delineated permissible and impermissible questions. Compounding this complexity, the applicable standards may differ not only from state to state but also from one municipality to another.
   
   

   (1)	Be sensitive to age discrimination issues. It is important to note that inquiries that may suggest a candidate's age could be perceived as discriminatory. For instance, it is advisable to avoid questions such as, "When did you graduate from high school?"
   (2)	Beware of double-edged questions. It is imperative to advise all interviewers within your organization to exercise caution in their inquiries, particularly those stemming from genuine curiosity, such as questions like "What kind of a name is that?" Such questions may inadvertently lead to allegations of discrimination against the company.
   (3)	Don't confuse before and after. Questions considered illegal before hiring may be acceptable after the individual is on the payroll. While it is prohibited to inquire about a candidate's age during the pre-employment phase, such inquiries may be justified post-hire for purposes related to health insurance or pension documentation.

   
   
2. Recognizing What to Ask (and Not to Ask)
   
   Interview questions ought to concentrate on the anticipated results associated with the position, rather than delving into the candidate's personal life.
   
   Questions that may initially appear acceptable according to established guidelines can still be deemed discriminatory if posed in contexts that imply a discriminatory motive. For instance, inquiring solely of female employees who disclose having children whether they have any reasons that would prevent them from working overtime or on weekends may reflect such intent.
   
   The subsequent information outlines the questions that are permissible to ask prior to employment and those that are not. It is advisable to consult with legal counsel regarding any local regulations or recent legal developments. Additionally, it is essential to ensure that all inquiries are directly relevant to a legitimate job requirement.
   
   

   (1)	National origin Question okay to ask: None Risky ground: Questions related to the candidate's national origin, ancestry, or native language or that of family members. That also applies to the applicant’s and the applicant's parents’ places of birth. Discriminatory: “What sort of an accent is that?” “Where were you born?” “Where were your parents born?”
   (2)	Citizenship status Questions okay to ask: “If hired, will you be able to prove that you have the right to remain and work in the United States?" Risky ground: Questions that may oblige a candidate to indicate national origin. Discriminatory: “Are you a U.S. citizen?”
   (3)	Address Questions okay to ask: “Where do you live?” “How long have you lived here?” Risky ground: Questions about housing aimed at revealing financial status. (These may be considered discriminatory against minorities.) Discriminatory: “Are you renting, or do you own your home?”
   (4)	Age Questions okay to ask: “If hired, can you provide proof that you are at least 18 years of age?" (Asking this question is okay to ensure that the candidate is old enough to work in a specific job that has a minimum age requirement.) Risky ground: Questions regarding age when age is not a bona fide job requirement. Discriminatory: “How old are you?" “In what year were you born?” “When did you graduate from high school?”
   (5)	Family status Questions okay to ask: “Can you relocate?" (only if it's relevant to the job). Risky ground: All questions regarding marital or family status. Discriminatory: “Are you pregnant?" “When are you due?” (even if the candidate is obviously pregnant).
   (6)	Religion Questions okay to ask: “Can you work overtime on days other than Monday through Friday?” Risky ground: Any question whose answers may indicate religious beliefs or affiliation. Discriminatory: “What religious holidays do you observe?”
   (7)	Health and physical condition Questions okay to ask: “'Can you perform the expected job functions with or with-out reasonable accommodation?" Risky ground: Questions that aren't directly related to a bona fide job requirement and, in addition, aren't being asked of all candidates. Discriminatory: “Do you have a hearing impairment?” “Have you ever filed a workers’ compensation claim?”
   (8)	Name Questions okay to ask: “Have you ever used another name or nickname?” Risky ground: Questions about whether the applicant has ever changed their name or about the candidate's maiden name. Discriminatory: “What kind of name is that?”
   (9)	Language Questions okay to ask: “What language do you speak, read, and/or write?” (permissible if relevant to the job).” Risky ground: Questions that reveal the applicant’s national origin or ancestry. Discriminatory: “What language do you speak at home?” “Is English your first language?”

Disclaimer All information in this article is only for the purpose of information sharing, instead of professional suggestion. Kaizen will not assume any responsibility for loss or damage.

If you wish to obtain more information or assistance, please visit the official website of Kaizen CPA Limited at www.kaizencpa.com or contact us through the following and talk to our professionals:
Email: info@kaizencpa.com
Tel: +852 2341 1444
Mobile : +852 5616 4140, +86 152 1943 4614
WhatsApp/ Line/ WeChat: +852 5616 4140
Skype: kaizencpa