Q : What is "need-to-know," and how does it apply to job interviews?
A : Whether a question will be viewed as inappropriate often depends on whether there is an objective, job-related reason why the employer wants its applicants to answer it. Questions that would not run afoul of the anti-discrimination laws may still create problems. Some state tort law protects individuals from unwarranted invasions of personal privacy. Offensive inquiries into an applicant's personal life, unrelated to the requirements of the job, may subject an employer to liability for invasion of privacy.

Sometimes employers clearly must have certain information. For example, 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. Similarly, whether an applicant has ever been convicted of a crime may substantially affect the applicant's fitness for a specific job. The key to determining the appropriateness of an interview question is whether there is a legitimate business reason to inquire into the subject.