SUBJECT |
ACCEPTABLE INQUIRIES |
UNACCEPTABLE INQUIRES |
NAME |
Whether the applicant has worked under another name. |
Inquiry about the name that would seek to elicit information about the candidate’s ancestry or descent. Inquiry about a name change due to court order, marriage or otherwise. |
BIRTHPLACE |
See Citizenship below. |
Birthplace of applicant, spouse, parents or other relatives. |
CITIZENSHIP |
Statement that employees must be eligible to work in the US. |
Any inquiries about citizenship or whether the applicant is or intends to become a US citizen. |
RESIDENCE NATIONALITY |
Place of residence.
Length of residence in this city. |
Specific inquiries into foreign addresses that would indicate national origin, nationality of applicant. Whether applicant owns or rents home. |
AGE |
Can inquire if applicant meets minimum age requirements, or state that proof may be required. |
Cannot require that applicant state age or date of birth. Cannot require that applicant submit proof of age before hiring. Any questions that may tend to identify applicants over 40 years of age. |
SEX |
Inquiry or restriction of employment is permissible only with a bona fide occupational qualification—practically never. |
Any inquiry that would indicate sex of the applicant. Applicant’s sex can’t be used as a factor for determining whether an applicant will be “satisfied” in a particular job. |
MARITAL AND FAMILY STATUS, SEXUAL IDENTITY |
Whether applicant can meet specific work schedules. |
Marital status or number of dependents. Names, ages, or addresses of spouse, children, or relatives. Questions about sexual identity, orientation, or preference. |
RACE, COLOR, PHYSICAL |
Voluntary submission of EO/AA information is made directly to the Office of EO. |
Inquiry as to applicant’s race, color of skin, eyes or hair or other questions directly or indirectly indicating race or color. Applicant’s height or weight when it is not relevant to the job. |
DISABILITY |
Can ask an applicant questions about his or her ability to perform job-related functions. |
General inquiries (“Are you disabled?”) that would tend to reveal disability or health conditions that do not relate to fitness to perform the job. |
EDUCATION |
Applicant’s academic, vocational attainment. |
Date last attended high school (reflects age). |
PREGNANCY |
No acceptable inquiry. |
Any question concerning pregnancy or birth control. |
ARRESTS AND CONVICTIONS |
Asking about conviction of a crime related to job qualification. |
Asking about arrests. |
RELIGION |
No acceptable inquiry. |
Any question requesting the applicant’s religious affiliation, church, parish, pastor or religious holidays observed. |
MILITARY EXPERIENCE |
If needed for employment history, you may ask about applicant military experience in the armed forces. |
Any question into applicant’s general military experience, or type of discharge. |
ORGANIZATIONS |
Any question into applicant’s membership in organizations which the applicant considers relevant to his/her ability to perform the job. |
Asking what organizations, clubs and societies the applicant belongs to that are not relevant to his/her ability to perform the job (political, social, religious, etc.) |