It is unlawful under federal law not to hire candidates because of their race, color, sex (including certain protections for lesbian, gay, bisexual, and transgender (LGBT) individuals), religion, national origin, age, disability, genetic information, or military service. Some states also prohibit discrimination based upon marital status and other factors.
Race and Ethnicity: Applicants should not be asked questions regarding their race or ethnic background during the interview.
Gender: Generally, there are no appropriate questions based on the applicant's gender during the interview process. The only exception to this rule is that gender can be a bona fide occupational qualification (BFOQ) when the position justifies hiring a candidate of a specific gender (for example: hiring a female actress to portray a woman in a play). Some specific areas of discrimination include:
Pregnancy: It is against the law to reject a female candidate because she is pregnant or planning to have a child at some future date.
Age: The Age Discrimination in Employment Act of 1967 bars discrimination against persons aged 40 or over. Be careful to avoid running any advertising that is age-biased, such as "We need a young, energetic person," or any question during the interview process that deters employment because of age.
Citizenship / National Origin: Applicants are protected from discrimination based on their national origin. Questions related to an applicant’s national origin, such as their birthplace, ancestry, or origin of name, should be avoided. You should not ask an applicant where he/she was born, or where his/her parents were born. Before the offer, the only discussion about citizenship status that may lawfully occur is whether the applicant is currently eligible to work in the United States. This question should be asked for all candidates. You might think it is ok to say: “That is a nice accent, where are you from?” - This is a mistake - National origin is a protected status!
Arrest or Conviction Records: DO NOT ASK ANYTHING. Once you make an offer you can get signed permission to run a background check.
Financial Status: An interviewer should not ask if an applicant owns or rents a home or car, or if wages have been previously garnished, unless financial considerations for the job in question exist. Any employer who relies on consumer credit reports in its employment process must comply with the Fair Credit Reporting Act of 1970 and the Consumer Credit Reporting Reform Act of 1996.
Disability: The Americans with Disabilities Act (ADA) prohibits employment discrimination against qualified individuals with disabilities, as well as persons who have a record of disability or are perceived as disabled. The protection extends to all aspects of the hiring process and all other employment-related activities. You should not ask whether the applicant has a disability. You may only ask whether the applicant can perform the essential functions of the job in question with or without a reasonable accommodation.
Marital and Family Status: Questions that could elicit personal information about applicants' marital status or childcare arrangements should be avoided. Employers can ask if applicants are able to work the hours required by the job, or undertake job-related travel, as well as about the duration of any anticipated absences. All applicants should be treated equally.
Military Record: Avoid questions such as what type of discharge the applicant received from military service. Applicants should be asked questions about their military experience, qualifications, or training only if they relate to the actual requirements of the position, and if asked, should be asked of all applicants.
Religion: Applicants are protected from discrimination based on religious denomination, beliefs, customs, or religious holidays observed. Questions related to religious information should be avoided.
Sick Leave / Medical Conditions: Avoid questions related to how many days a candidate was sick or other questions involving medical conditions.