Job interviews and the law
If you’re in the job market, you should know that employers are limited on what they can ask job applicants. In general, the questions must relate to the skills and background necessary to perform the job itself.
Employers cannot ask for your age, sexual orientation or religious affiliation, nor can they ask whether you have or have had a disability unless it would interfere with your job performance.
Performing a “background check” is permitted as long as the applicant has given his or her specific consent. Items which are frequently requested include credit reports, driving records, education records and bankruptcy records. Employers cannot ask for an applicant to take a lie detector test unless they would be regularly handling drugs or are in the security business.
It is also illegal for employers to ask about a prospective employee’s spouse or children, but questions regarding availability to work specific hours and travel on business are appropriate. The Pregnancy Discrimination Act provides a number of protections to pregnant women, aimed at making sure that employers treat pregnant women the same as other applicants or employees with temporary disabilities or limitations.
Among other questions that employers cannot ask:
- Have you ever been arrested (although they can ask the applicant if he or she has been convicted of a crime if the records were not sealed by courts)?
- How many sick days you took off on your last job (though they can ask if you can meet certain job attendance requirements)?
- Have you ever had a job-related injury or received workers’ compensation?
- Are you taking prescription drugs (this cannot be asked until a job offer is made)?
- Will you take a medical examination (this question cannot be asked until a job offer is made)?
Questions can be asked about whether the applicant uses or has used illegal drugs or has been arrested for driving under the influence (DUI).
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
© Illinois State Bar Association
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.