ABA Family Legal Guide

Law and the Workplace

The Hiring Process

What is "need-to-know," and how does it apply to job interviews?

The key is whether there is an objective, job-related reason why an employer wants applicants to answer a question. Questions that do not violate the antidiscrimination laws may still create problems. The tort law in some states protects people from unwarranted invasions of personal privacy. An employer that makes offensive inquiries into an applicant's personal life, unrelated to the requirements of the job, may be liable for invasion of privacy.

Sometimes employers clearly must have certain information. For example, whether an applicant has ever been convicted of a crime may substantially affect the applicant's fitness for a specific job. And employers do need to make their job offers dependent on candidates' production of proper documentation of their citizenship or work authorization. (However, asking about national origin may be viewed as discriminatory.)

A good general rule--don't ask about something in an interview unless there is a legitimate business reason for the question.