QUESTIONS
ABOUT:

IT IS NOT
DISCRIMINATORY
TO ASK:

IT MAY BE
DISCRIMINATORY
TO ASK:

ADDRESS

• For the applicant’s current and previous address and length of residence.

• Or make inquiries into foreign addresses which would indicate the applicant’s national origin.
• Whether an applicant owns or rents his/her home.
• About the relationship of persons with whom the applicant lives.

AGE

• “If hired, can you submit proof of age?” or make a statement that selection is subject to proof of age if age is a legal requirement.
• For proof of age in the form of a work permit, certificate of age or birth certificate, if the applicant is a minor.

• Or make as a requirement, a birth or baptismal certificate as proof of age prior to selection.

ANCESTRY OR
NATIONAL ORIGIN

• About the ancestry or national origin of an applicant’s parents, spouse, or associates, or about any membership in associations which may indicate ancestry or national origin.
• About the language commonly used by an applicant or how an applicant acquired a proficiency in a foreign language.

ARRESTS

• About anything relating to arrests.

CITIZENSHIP /
BIRTH PLACE

• “Are you legally entitled to work in the U.S.?”
• You may inform applicants that they will be required to complete an I-9 form verifying either their citizenship or their legal right to work in the U.S.

• “Of what country are you a citizen?”
• “Are you or your parents naturalized or native born?”
• An employer may require U.S. citizenship for a particular job only if it is required by federal, state or local law, or by government contract.

CONVICTIONS /
COURT RECORDS

• About actual convictions which are substantially related to applicant’s ability to perform a specific job.

• About any conviction or court record which is not substantially related to an applicant’s ability to perform job duties.

CREDIT RATING

• About an applicant’s economic status or other sources of income.
• Whether the applicant owns or rents his/her home.
• About the applicant’s method of transportation, if not related to job requirements.

DEPENDENTS

• If and how many children the applicant has, and/or their names and ages.
• About child care arrangements.
• About the applicant’s marital status.

EDUCATION

• Which school the applicant attended.
• About academic, vocational or professional education.
• About language, office or other skills, if substantially related to ability to perform job duties.

• About the nationality or religious affiliations of schools.
• How the applicant’s language skills were acquired.

EMERGENCY
CONTACT

• For the name of a person to contact in case of emergency.

• Or make as a requirement, the name of a relative to be contacted.

DISABILITIES

• “Can you perform the essential job functions of this position?”
• You may ask for a demonstration or verbal description of how they would perform essential job functions, if it is required of all applicants.

• “Do you have any disabilities?”
• “List all serious illnesses for the past five years.”
• General inquiries concerning disabilities or physical conditions which do not relate to applicant’s fitness to perform job.
• About the receipt of worker’s compensation before offering the applicant the job.
• For a physical examination, if required only of some applicants, whether prior to or after selection.

LANGUAGE
SKILLS

• About language skills, if they are required to perform the job.

• Or require a level of language proficiency or the use of a particular language at all times if it is not substantially related to job duties.
• “Mother of tongue” or for the language commonly used by an applicant.
• How the applicant acquired his/her proficiency in a foreign language.

MARITAL STATUS

• Whether the applicant is a Mrs., Miss, or Ms., when the inquiry is made in good faith and not for the purpose of discrimination.
• Whether the applicant can meet specific work schedules.
• About any other commitments which might hinder the applicant’s attendance.
• About the anticipated duration on the job or anticipated absences, if asked of both males and females.

• “Are you single, married, divorced, separated, or widowed?”
• Questions concerning pregnancy, birth control, children or future child-bearing plans.
• For the applicant’s spouse’s name, age, place of employment, or income.
• Whether an applicant is married to or engaged to marry a current employee of the employers (for employers of 26 or more employees).

MILITARY RECORD

• About military experience and education in the armed forces of the United States which relate to specific job duties.

• For the type or date of discharge.
• About an applicant’s general military service which is not substantially relates to his/her ability to perform specific job duties.

NAME

• “Have you ever worked for this organization under another name?”
• “Is additional information concerning a name change necessary to check work or education records?”  If yes, explain.

• About former names which have been changed by court order or otherwise if not required to check necessary records.

ORGANIZATIONS /
MEMBERSHIPS

• About membership and/or offices held in organizations which relate to applicant’s ability to perform a particular job.

• “List all organizations, clubs, or societies to which you belong.”
• About membership in organizations which would indicate race, color, national origin, ancestry, sex, physical handicap, and creed or religion.

PHOTOGRAPH

• For a photograph, after hiring, if required.

• Or make a suggestion or require a photograph of the applicant prior to hiring unless based on a Bona Fide Occupational Qualification (BFOQ).

PHYSICAL
CHARACTERISTICS
SUCH AS HEIGHT & WEIGHT

• About physical characteristics, if they are necessary to perform substantial job duties.

• About physical characteristics if they are unrelated to the abilities necessary to perform substantial job duties.

RACE

• Directly or indirectly, any inquiries which would indicate an applicant’s race or color.
• About the color of the applicant’s skin, eyes, or hair.
• Race or color is never a BFOQ.*

REFERENCES

• “Who referred you here.”
• For the names of professional or character references.

• For a religious reference.

RELATIVES

• For the names and addresses of parents/guardians of an applicant who is a minor.
• For the names of relatives already employed with the organization if this effects company policy.

• For the name or address of a relative of an adult applicant.

RELIGION

• Or make any inquiry to indicate or identify religious affiliation, denomination, customs, holidays observed, or the name of a minister.

SEX

• “Are you a Mr., Mrs., Miss, Ms., Male or Female” when the inquiry is made in good faith and not for the purposes of discrimination.
• About sex, if it is a voluntary request only and stated as such.
• Job advertisement or classification on the basis of sex and an inquiry concerning the sex of the applicant are permissible only if a BFOQ* exists.

• For the sex of applicant or make inquiries which would indicate sex if not a voluntary request and stated as such to the applicant.
• BFOQ* is interpreted very strictly by the courts.  It is extremely difficult for the sex of the applicant to be considered a lawful pre-employment inquiry.  Sex is not a BFOQ* if a job requires physical labor, unusual work schedules or  travel, because of the preferences of customers, employer, employees or others, or because of stereotypes concerning abilities on the basis of sex.

• Whether an applicant can meet a specific work schedule.

• Reasonable accommodation is required for an applicant on the basis of religion or creed.  Inquiry made prior to selection should be justified by Business Necessity.