Federal law regulates the types of questions that can be asked during an interview. For example, Title VII of the 1964 Civil Rights Act prohibits discrimination based on race, sex, color, national origin and religion. The Age Discrimination in Employment Act prohibits questions about a person's age. The Americans with Disabilities Act of 1990, among other things, protects qualified individuals with disabilities from discrimination in employment.

Questions relating either directly or indirectly to age, sex, race, color, national origin, religion or disabilities should be avoided. If information that you need about an applicant potentially infringes on any of the above categories, be sure that the question relates to a bona fide occupational qualification or is required by law to be asked.

(c) Questions on marital status, number of children, childcare arrangements, etc. is not appropriate.

6. Age – Under the EEOC's Age Discrimination Interpretive Rules issued in 1981, a request for date of birth on the employment application is permissible, with an appropriate disclaimer shown. However, in practice, this is typically not asked on applications. Any recruiting effort that is age-biased such as "recent graduate", or any question during the interview process that deters employment because of age is unlawful. The Age Discrimination Act of 1967 bars discrimination against persons age 40 or over.

Generally, problem areas are discriminatory questions that are posed on the basis of the applicant's gender, race, age, national origin, religion, or other non-job-related basis. Prohibited interview questions, for example, would be asking women applicants different questions than male applicants, or asking different questions of married female applicants than single female applicants.

(d) Questions as to availability to work should be job-related: What hours can you work? What shift(s) can you work? Can you work on weekends and/or holidays?

Although federal EEO laws do not specifically prohibit any pre-employment questions, the EEOC does look with "extreme disfavor" on questions about age, color, disability, national origin, race, religion, gender or veteran status. Many state fair employment laws do expressly forbid certain types of questions. Appendix A is a representative list of unacceptable and acceptable questions from the EEOC, however it is NOT all-inclusive.

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