| Subject |
Lawful inquiries/requirements |
Unlawful inquires/requirements |
| age |
Are you 18 or over? Whether
the applicant meets the minimum age requirement set by law; if required
as a bona fide occupational qualification (BFOQ); or after hire, if inquiry
serves a legitimate record-keeping purpose |
That applicant state age or
data of birth. That applicant produce proof of age (birth certificate,
baptismal record). Specifications such as "young," "college student,"
"recent college graduate," "retired person." |
| arrests & convictions |
Inquiries about convictions
that bear a direct relationship to the job and have not been expunged or
sealed by the courts. Consideration should be given to the nature,
recentness and rehabilitation. This inquiry should be accompanied
by a disclaimer which states that a conviction record will not necessarily
be a bar to employment. |
|
| Citizenship, birthplace |
After employment, verification
of legal right to work (all new hires). |
Whether applicant, parents
or spouse are naturalized or native-born US citizens. Birthplace
of applicant, parents or spouse. Requirement that applicant produce
naturalization papers. |
| Credit and financial records |
The employer is bound by federal
law (PL 91-0508) to inform the applicant, in writing, that if financial
or credit investigations are made. The applicant may make written
requests as to the nature and scope of such investigations. |
|
| dependents |
|
Inquiries regarding the number
and ages of children; what child care arrangements have been made; family
planning. |
| disability |
Whether applicant is able
to perform the essential functions of the job with or without reasonable
accommodation. That applicant demonstrate how she/he would perform
the job and with what accommodation(s). After a job offer, but before
hire, require medical examination for all similarly situated entering employees. |
Requirement that the applicant
take medical examination or provide information about workers' compensation
claim(s) before a job offer. General inquires into the applicant's
state of health or the nature and severity of a disability. |
| drivers' license |
Inquiry, if driving is necessary
to the job. |
Inquiring if all applicants
have a valid driver's license regardless of job. |
| education |
What academic, professional
or vocational schools attended; course of study, degree or certificate
earned. |
Dates of elementary/high school
attendance. Nationality, racial or religious affiliation of any school
attended by the applicant. |
| federal W-4 form |
|
This is not to be completed
by an applicant until after the hire because it requests information that
is unlawful during the pre-employment process. |
| marital status |
|
Whether applicant is single,
married, divorced, widowed, etc.; Mr., Mrs., Miss, Ms.; inquiries regarding
the names and ages of spouses or children. |
| military status |
Job-related inquires into
military experience in the US Armed Forces or state militia (e.g., branch,
occupational specialty) |
Inquiries regarding foreign
military experience. Type of military discharge. Request for
copy of military discharge or military discharge number. |
| name |
Whether the applicant has
used another name (for the purpose of verifying past work record). |
Inquiries or comments about
the name which would reveal applicant's lineage, national origin, marital
status, etc. (e.g., maiden name?) Mr., Mrs., Miss, Ms.? |
| national origin |
What languages applicant reads,
speaks or writes fluently if relevant to the job or if required as a bona
fide occupational qualification. |
Inquiries regarding: applicant's
nationality, ancestry, lineage or parentage; nationality of applicant's
parents or spouse; maiden name of applicant,, wife or mother. |
| photograph |
May be requested after hire
(for identification). |
Request before hire. |
| polygraph, lie detector |
|
Require test to be taken as
condition of employment. |
| pre-employment survey |
If this section is completed
by the applicant, this page is to be kept separate from the application
and is to be detached before the application is handled by the person conducting
the interview or the person making the employment decision. |
|
| professional associations |
Inquiries regarding memberships
in job-related clubs and organizations. Applicants may omit those
which reveal the race, religion, age, sex, disability, etc. of applicant. |
Requesting the name of all
organizations, clubs, associations to which the applicant belongs.
Inquiries regarding how the applicant spends his/her spare time. |
| race, color, height, weight |
|
Inquiries regarding: applicants'
race; color of applicant's skin, eyes, hair or other questions directly
or indirectly indicating race or color; applicant's height or weight (unless
based on legitimate job need). |
| references |
Inquiring by whom was applicant
referred. Requesting names of person willing to provide professional
or character references. Making job-related inquiries of references. |
Requiring the submission of
religious references. Inquiries of references which would elicit
information on applicant's race, color, national origin, age, marital status,
disability or sexual orientation. |
| relatives |
|
Name, address, relationship
of person to be notified in case of emergency. This information may
be requested only after hire. |
| religion |
Inquiries regarding the normal
hours of work. After hire, inquires regarding religious accommodations. |
Inquires regarding applicant's
religious denomination or affiliation or religious holidays observed.
Any inquiry which would indicate or identify religious customs or holidays
observed. |
| sex |
Inquiry only if required as
a bona fide occupational qualification. |
Inquiries regarding: applicant's
sex; Mr., Mrs. Miss, Ms.; if applicant is expecting, planning a family
or used birth control. |
| sexual orientation |
|
Any inquiry concerning an
applicant's heterosexuality, homosexuality or bisexuality. |
| Note: This
technical assistance guide does NOT substitute for legal advice. |
