PEOPLE: HR Corner Tips for Hiring Managers on Avoiding Improper Job Interview Questions By Staff Wednesday, June 17, 2015 4:02 PM NEW YORK—Job seekers aren’t the only ones who say something inappropriate or may ask an inappropriate question during a job interview. A recent survey of more than 2,100 hiring and human resource managers throughout the U.S. who responded to a survey sponsored by CareerBuilder and conducted by Harris Poll Online, found that approximately 20 percent of hiring managers reported that they have asked an interview question only to find out later that the question possibly violated the law, such as inquiries regarding an applicant’s arrest record.The Equal Employment Opportunity Commission (EEOC) issued guidance in 2012 designed to help employers understand what they can and can’t ask regarding criminal records. The EEOC guidance states that an “arrest does not establish that criminal conduct has occurred, and a job exclusion based on an arrest, in itself, is not job-related and consistent with business necessity. However, an employer may make an employment decision based on the conduct underlying an arrest if the conduct makes the individual unfit for the position in question.”Asking job applicants about their criminal records has become something of a hot employment topic as a growing number of states and municipalities have enacted “ban-the-box” laws that prohibit employers from asking on job applications if job seekers have been convicted of a crime. Presently there are a total of 17 states representing nearly every region of the country that have adopted the policies: California (2013, 2010), Colorado (2012), Connecticut (2010), Delaware (2014), Georgia (2015), Hawaii (1998), Illinois (2014, 2013), Maryland (2013), Massachusetts (2010), Minnesota (2013, 2009), Nebraska (2014), New Jersey (2014), New Mexico (2010), Ohio (2015), Rhode Island (2013), Vermont (2015), and Virginia (2015). Six states, Hawaii, Illinois, Massachusetts, Minnesota, New Jersey, and Rhode Island have removed the conviction history question on job applications for private employers, which advocates embrace as the next step in the evolution of these policies.Ban-the-box laws generally allow employers to conduct background screenings and ask about convictions later in the employment process, such as during job interviews. However, the constantly changing legal landscape on what employers can and can’t ask on applications and during interviews can be confusing and frustrating to many hiring managers.It continues to be our advice to clients to avoid questions about applicants’ age, marital status, political beliefs, disabilities, ethnicity, religion and family. Some questions that can be legal and seem relevant to the job can be problematic by the way the question is posed. For example, the question “Are you a U.S. citizen?” might seem reasonable if a hiring manager is trying to determine if an applicant is eligible to work in the U.S. However, the better and more legally prudent question is: “Are you eligible to work in the U.S.?” Asking about a person’s citizenship status could reveal information about ethnic and national origin that could expose employers to complaints of bias.Hedley Lawson, Contributing EditorManaging PartnerAligned Growth Partners, LLC(707) 217-0979hlawson@alignedgrowth.comwww.alignedgrowth.com