By Kathleen O’Connor
Reprinted: 2003-10-30

This article gives readers 6 interview questions that are illegal to ask and acceptable alternatives to them which will get employers the information they want.

We’ve all heard lists of illegal interview questions, but we’re rarely offered alternative queries that will elicit needed information without drawing lawsuits. Here are 6 safe, effective alternatives to forbidden questions:

Forbidden: “How old are you?”
Acceptable: To ensure the candidate is of legal working age, you can ask, “Are you at least 18 years old?” No other age-related question is appropriate.

Forbidden: “Are you a U.S. citizen?”
Acceptable: Of course, non-citizens can have work visas. Ascertain work status without a potentially discriminatory discussion of citizenship by asking, “As a condition of employment, can you submit verification of your legal right to work in the United States?”

Forbidden: “What is your maiden name?”
Acceptable: If you want to do a comprehensive background check, ask, “Have you ever used another name and, if so, what is it?” That will elicit the information you need without touching on marital status.

Forbidden: “What is your native language?”
Acceptable: If it’s pertinent to the job, ask, “What languages do you speak, read or write?”

Forbidden: “Do you belong to any clubs?”
Acceptable: “Are you a member of any job-related organizations, clubs or professional associations?” (Please exclude the name or character of any organization that indicates the race, color, creed, sex, marital status, religion, national origin or ancestry of its members.)

Forbidden: “What is the name and address of a relative for us to contact in case of an emergency or accident?”
Acceptable: “What is the name and address of a person for us to contact in case of an emergency or accident?” This minor language change avoids illegal prying into marital status.

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