Acceptable and Unacceptable Pre-Employment Inquiries
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.
| Acceptable and Unacceptable Pre-employment Inquiries | ||
| Subject | Acceptable | Unacceptable |
|---|---|---|
| Race or Color | None | Any inquiry involving race, complexion, color, or ethnic affiliation. |
| Birthplace | None | Birthplace of applicant, birthplace of applicant's spouse, parents or other close relatives. |
| Religion | Willingness to work required work schedule. | Inquiry into an applicant's religions denominations, 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. the legal residence of applicant? 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 that 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 at 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. |