The Do’s and Don’ts of Pre-employment Questions


Everyone knows they need to nail the interview to get the job, but what about when the employer messes up? Here are a few topics employers should keep off the table at the next interview:

  1. Are you married?

The Illinois Human Rights Act makes it illegal for employers to question an applicant about marital status.

  1. What did they pay you at your last job?

In Illinois, it is illegal for employers to ask about an applicant’s compensation history, but it is legal to discuss the applicant’s expectations for pay.

  1. Have you ever been arrested?

Illinois’ Ban the Box law makes it illegal for employers to make employment decisions based on an arrest alone. However, it is legal for employers to ask about convictions.

  1. Do you have any disabilities?

Under the Americans with Disabilities Act, an employer is only allowed to ask if the applicant is able, with or without an accommodation, to perform the essential functions of the job. Anything beyond that is an impermissible medical inquiry.

Contact us for more information, or for a free, 30-minute consultation with an employment lawyer.

Rafael E. Lázaro is a founding member of Lázaro Law Group, LLC. With a particular emphasis on sexual harassment, Mr. Lázaro has dedicated his career to improving the workplace.

The Do’s and Don’ts of Pre-employment Questions

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