|
SUBJECT |
LAWFUL INQUIRIES/REQUIREMENTS |
UNLAWFUL INQUIRIES/REQUIREMENTS |
Age |
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 date of birth. That applicant produce proof of age
(birth certificate, baptismal record). Specifications such as:
"young", "college student", "recent
college graduate", and "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. |
Inquiries about a candidate's general arrest and conviction record.
|
Citizenship, Birthplace |
After employment, verification of legal right to work (all new hires).
|
Whether applicant, parents or spouse are naturalized or native-born U.S
citizens. Birthplace of applicant, parents or spouse.
Requirement that applicant produce naturalization papers. |
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 applicant take medical examination or provide information about
workers' compensation claim(s) before a job offer. General
inquiries into the applicant's state of health or the nature and
severity of a disability.
|
Driver’s License |
Inquiry if driving is necessary to the job.
|
Inquiring if all applicants have a valid driver's license regardless of
job. |
Marital Status |
|
Whether applicant is: single, married, divorced, widowed, etc.; Mr., Mrs., Miss,
Ms. Inquiries regarding the names and ages of spouse or children. |
Military Service
|
Job related inquiries into military experience in the U.S. Armed Forces or
state militia (e.g. branch, occupational specialty). |
Inquiries regarding foreign military experience. Whether honorably
discharged.
|
Name |
Whether the applicant has used another name (for the purpose of verifying
past work record).
|
Inquiries or comments about the name that 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 a condition of employment.
|
Professional Associations |
Inquiries regarding memberships in job-related clubs and
organizations. Applicants may omit those that reveal the race,
religion, age, sex, disability, etc. of applicant. |
Requesting the names of all organizations, clubs, and associations to
which the applicant belongs. Inquiries regarding how the
applicant spends his/her spare time.
|
Race, Color |
|
Inquiries regarding: applicant's race; color of applicant's skin, eyes,
hair or other questions directly or indirectly indicating race
or color; applicant's height (unless a Bona Fide Occupational
Qualification). |
References |
Inquiring by whom was applicant referred. Requesting names of persons willing to
provide professional or character references. Making job related
inquiries of references. |
Requiring the submission of religious references. Inquiries of references that
would elicit information on applicant's race, color, national
origin, age, marital status, disability or sexual orientation. |
Religion |
Inquiries regarding the normal hours of work. After hire, inquiries
regarding religious accommodations.
|
Inquiries regarding applicant's religious denomination or affiliation or
religious holidays observed. Any inquiry that would indicate or
identity 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 uses birth control.
|
Sexual Orientation |
|
Any inquiry concerning an applicant's heterosexuality, homosexuality or
bisexuality.
|