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EEOC - Stay Interview Compliant
EEOC - Stay Interview Compliant

Your guide to legal interview questioning.

Jazmyne Behnke avatar
Written by Jazmyne Behnke
Updated over a week ago

In the US, certain personal characteristics such as Nationality, Religion, etc., are part of a protected class and can't be targeted for discrimination thanks to federal and state anti-discrimination laws.

The Equal Employment Opportunity Commission (EEOC) publishes standards all organizations must follow to ensure an ethical and legal interview process. In an effort to help guide your interview compliance, here’s a list of questions you can not ask and alternative questions you may ask.

These questions below should only be taken as suggestions and we encourage you to stay up to date by visiting the Equal Employment Opportunity Commission


Certainly, you want to be sure that a candidate can legally work for you, but it's important to be careful how you ask. These questions address citizenship, language and residency.


Religion is a subject that should be tread upon lightly at the office, and even more so in interviews. Protect yourself from overstepping the boundaries but still get the information you need with these questions.


Maturity is essential for most positions, but it's important that you don't make assumptions about a candidate's maturity based on age. Alternately, you have to be careful about discrimination towards applicants nearing retirement. These questions will keep you in the clear.

Marital and Family Status

These questions primarily concern women with children, but they're applicable to everyone. Ensure that you don't make assumptions, and avoid embarrassing candidates by using the following questions.


It is important to ensure that you don't make assumptions about a person's gender and abilities based on appearance. Here are a few tips and questions to stay away from.

Health and Physical Abilities

Your employees' health and abilities may be essential to getting the job done, but it's important to avoid assumptions and discrimination. Stick to these questions in order to avoid embarrassment and legal troubles.


Avoid interviewing gaffes by sidestepping these questions about residence, legal troubles, and military service.

The above questions are only suggestions and we encourage you to stay up to date by going to Equal Employment Opportunity Commission.

If you have any additional questions regarding this article please feel free to reach out, we are here to help.

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