The general
rule is that all questions asked must be related to the performance of the
specific job duties.
This chart provides general
guidelines, both for job applicants and employers, as to what can or cannot be
asked during a job interview in regard to anti-discrimination laws pertaining to
race, religion, color, national origin, sex, age, disability, or marital status.
This applies to recruitment, hiring, transfers, promotions, and other applicable
conditions of employment.
|
SUBJECT |
ACCEPTABLE |
UNACCEPTABLE |
|
Race or Color |
None |
Any inquiry regarding race, complexion, color, or ethnic affiliation. |
|
Birthplace |
None |
Birthplace of applicant. Birthplace of applicant’s parents, spouse, or
other close relatives. |
|
Religion |
Willingness to work required work schedule. |
Inquiry into an applicant’s religious denomination, affiliations,
Church, parish, pastor, or religious holidays observed. |
|
National Origin |
None |
Inquiry into applicant’s lineage, ancestry, national origin, descent,
parentage, or nationality. Nationality of applicant’s parents or
spouse. |
|
Citizenship |
Is U.S. residence legal? If hired, can you show proof of authorization
to work in the United States? |
If applicant or applicant’s parents are native-born or naturalized.
Require proof of citizenship before being hired. |
|
Organizations |
Inquiry into organizational membership and offices held. Exclude
organizations which indicate race, creed, color, or nation origin of its
members. |
Listing all clubs, societies, and lodges to which you belong. |
|
Military Experience |
Inquiry into the service in the U.S. Armed Forces, including branch and
rank or any job related experience. |
General military experience, such as, inquiry into military service
records or types of discharge. |
|
Sex |
None |
A pre employment inquiry as to sex on an application form is unlawful. |
|
Marital Status |
None |
Are you married? Where does your spouse work? What are the ages of your
children, if any? |
|
Age |
Are you at least 18 years of age? |
How old are you? What is the date of your birth? |
|
Disability |
If the applicant can perform the essential functions of the job with or
without reasonable accommodation. |
Do you have a disability? What diseases are you being treated for? |
|
Name |
For access purposes, whether the applicants work records are under
another name. |
To ask if a woman is a Miss, Mrs., or Ms., or to ask for a maiden name. |
|
Residence |
Applicant’s length of current and previous address and phone number (for
contact purposes). |
None
|
|
Relatives |
Names of relatives already employed by the company. |
Information concerning applicant’s children or other relatives not
employed by the company. |
|
Photograph |
None. |
Requirement that an applicant affix a photograph to employment
application at any time before hiring. |
|
Language |
Inquiry into language applicant speaks, writes, or reads fluently. |
Inquiries into how applicant acquired ability to speak, write, or read a
foreign language. |
|
Education |
Inquiry into the academic, vocational or professional education of an
applicant and the public and private schools the applicant has attended. |
Nationality, racial or religious affiliation of schools attended. |
|
Criminal Record |
Have you ever been convicted of a crime? If so, when, where and
disposition of the offense? |
Have you ever been arrested? Inquiry into arrest record. |