Appropriate Questions Guidance

Work Eligibility.

With careful wording, the following questions can be asked:

• Are you eligible to work in the United States?
• Where do you reside?
• Can you submit a birth certificate or other proof of age if you are hired?
• Are you over 18?

Disability

Reasonable Accommodations Interviewers cannot directly or indirectly ask questions related to an individual's disabilities. If an applicant's disability is evident, the interviewer can ask whether the candidate will need a reasonable accommodation to perform essential job functions. If the answer is yes, the interviewer can ask about the type of accommodation that the individual would need. A carefully worded question, such as the one below, focusing on the individual's ability to perform essential job functions also is permissible.

• Do you know of anything that would limit your ability to perform the essential functions of the job as described to you? If so, what accommodation can be made that would enable you to perform those functions?

Criminal Records

Interviewers should never ask applicants if they ever have been arrested.
However, the following question is permissible:

• Have you ever been convicted of a crime?

Interviewers should always tell the applicant that a criminal conviction does not bar employment, but can be considered in relation to job requirements.