Can candidates applying for the same job at the same time be asked different questions?

Employers do not violate federal equal employment opportunity laws by asking different questions of candidates applying for the same job at the same time, or by routing the applicants through different employment screening processes, according to an informal opinion letter from the Equal Employment Opportunity Commission (see www.eeoc.gov/foia/letters/2008/titleviiandada_applicant_interview.html ). However, applicants who have been determined to have the same or similar qualifications by what ever means used at different phases of the application process must receive the same treatment regardless of race, color, sex, national origin, religion, age, disability or prior protected activity. Thus, it may well be that the best business practice an employer could adopt in terms of hiring the applicants with the best qualifications is one that routes all applicants through a written questionnaire and a face-to-face interview with a trained professional.