| Area |
Lawful Inquiries |
Unlawful Inquiries |
| Address, Length of Residence | Applicant's address, place and length of current
and previous residence.
"How long have you lived in this city?" |
- Specific questions about foreign addresses, if
applicant owns or rents home.
- Relationship of persons with whom applicant lives.
|
| Age | If age is a legal requirement, "If hired can you
submit proof of age?"
If applicant is minor, proof of age in form of work permit or
certificate of age. |
- Requirement that birth certificate
or baptismal certificate be produced as proof of age.
- Statements
which refer to "new blood" or a "younger person who will take
the initiative" are also inappropriate.
|
| Ancestry | Languages read, spoken or written. | Inquiries into
- ancestry
- mother tongue
- national origin of parents
- spouse.
|
| Arrests | None (see Convictions). | Any inquiry relating to arrests. |
| Birthplace | None. Human Resources will obtain
appropriate documentation upon hire. |
- Birthplace of applicant or relatives.
- Requirement that birth certificate, baptismal record or
naturalization papers be submitted prior to employment.
- Questions which identify customs or denomination.
|
| Citizenship | "Are you a citizen of the
U.S.? If not, do you have the legal right to work in the U.S.?" |
- "Of what country are you a citizen?"
- "Are you naturalized or native born?"
- Requiring naturalization papers.
|
| Convictions, Court Records | Inquiry into actual convictions
which relate reasonably to fitness to perform a particular job. | To ask about or check arrest. |
| Credit Rating | None. | Any questions regarding credit. |
| Disabilities |
- "Would you be able to perform
the various job functions? What were your duties in your previous
job? How does your past experience relate to this job?"
- If applicant
volunteers information about a medical condition, do not ask about the nature or extent of the condition.
- Ask only what accommodations, if any, might be needed for the
applicant to work.
|
- "Do you have any disabilities or impairments?" or questions
which might divulge disabilities which do not relate to the job.
- " Are you in good health? Have you ever had an injury,
disease, emotional illness, or consulted a psychologist or
psychiatrist?"
- Have you ever had a drug or drinking problem?
- Why are you wearing a brace or prosthesis?
- Have you ever received workers' compensation?
- Are you currently taking any medication?
- Do you have any impairments that may prevent you from
performing the job you are applying for?"
|
| Education | Academic, vocational, or
professional education; schools attended; languages and office
skills. |
- Questions about the nationality or religious affiliation of
schools.
- How language skill was learned.
|
| Emergency Contact | Name of person to contact in emergency. | Name of relatives to be contacted. |
| Experience | Applicant's work experience; other countries visited. |
|
| Marital Status | Whether applicant can meet specific work schedules;
any commitment which might hinder attendance.
Anticipated duration on job or anticipated absences if asked of
both males and females. | Inquiries about specific marital
status; number of children; questions concerning pregnancy or birth
control. |
| Military Record | Military experience and education related to particular job. | Type of discharge. |
| Name | "Have you ever worked for this organization under
another name?
Is additional information concerning nicknames or change of name
necessary to check your work record or education? If yes, explain." |
- Inquiries about name which would indicate national origin.
- Inquiries about names which have been changed by court order,
marriage or otherwise.
|
| Organizations | Organizations, membership in which might relate to particular job. | List all organizations, clubs or societies to which you belong. |
| Photograph | None | Required prior to hire. |
| Race | None | Applicant's race, skin color, eye color. |
| References | Who referred you here?
Names of professional and character references. | Requiring religious references. |
| Relatives | Names of relatives employed here.
Names and addresses of parents of minors. | Name or address of any relative of an adult applicant. |
| Religion | None | Inquiry into religious affiliations, holiday observances, name of minister, etc. |
| Sex | Inquiry permissible only where bona fide occupational qualification (BFOQ). | Sex of applicant. Inquiries which would indicate sex.
Sex is not a BFOQ because a job requires physical labor. |
| Work Days | Choice of workdays, shifts, where applicable. |
|
