Tip: The same is true with respect to an inquiry relating to an applicant's anticipated duration of stay on the job or anticipated absences. Such questions are allowed only if both male and female applicants are asked the same questions.

Innocent questions often result in employers having to defend charges of discrimination filed with the EEOC and various state agencies, including the Human Rights Commission and the Attorney General's Office. When charges of discrimination are filed, the burden of proof usually falls on the employer to show that all preemployment questions are job-related and not discriminatory. If discrimination is found, an applicant may be awarded damages, including a job offer, attorney costs, and other benefits. Following enactment of the Civil Rights Act of 1991, successful claimants may also demand jury trials and receive compensatory damages (i.e., money paid for emotional pain and suffering) of up to $300,000, depending on the employer's size, and punitive damages, plus legal fees and money for expert witnesses who testify at the trial. Thus, employers face lost productivity, poor publicity, and expensive legal fees costs and verdicts for sloppy pre-employment interviewing techniques.

Although the federal Americans With Disabilities Act of 1990 has been in existence for more than seven years, many employers are not knowledgeable about the law's sweeping effects in the area of pre-employment inquiries. The ADA is designed to eliminate discrimination against persons with disabilities in connection with a wide range of activities. The employment provisions apply to employers with 15 or more employees (state law often reduces that number). The ADA expressly forbids employers from conducting preemployment medical examinations or making preemployment inquiries about disabilities. The EEOC enforces the ADA through investigators who are trained to uncover whether employers ask questions at the pre-offer stage that are likely to elicit information about a disability. Such questions, whether asked in person or on an employment application, are illegal.