Legal Considerations

 

LAWFUL to Ask

UNLAWFUL to Ask

Name

 

 

  • First, middle, last name
  • Use of any other names/nicknames necessary for checking previous work experience or education
  • Requirements of prefix Mr. Miss, Ms. Mrs.
  • Inquiries about names which would indicate national origin
  • Inquiries regarding names changed by marriage, divorce, court order, etc.

Address

 

 

  • Address & length of residence in this city/state.
  • Questions regarding foreign addresses which would intentionally or unintentionally indicate national origin.
  • Whether applicant owns or rents a home or lives in an apartment.
  • Names/relationships of persons with whom applicant resides.

Marital Status

  • Whether applicant can meet specified work schedules

 

  • Whether applicant is married, single, divorced, separated, engaged, etc..
  • Number and ages of dependant children
  • All questions related to pregnancy or methods of family planning.
  • Questions regarding child care arrangements.

Height/Weight

 

  • Questions regarding height and weight are considered unlawful unless based on a Bona Fide Occupational Qualification (BFOQ) and such instances are rare. All BFOQ’s must be approved by the Affirmative Action Officer.

Race

 

  • Questions regarding race
  • Inquiry into color of eyes, hair
  • Other questions which would indicate race

 

 

 

Category

LAWFUL to Ask

UNLAWFUL to Ask

 

Religion

 

  • Questions regarding availability for work during specific time periods.

 

  • Questions regarding religious affiliation
  • Religious holidays observed

National Origin

  • Whether applicant has a legal right to be employed in the U.S.
  • Ability to speak/write English fluently (if job related)
  • Other languages spoken (if job-related)
  • Ethnic association of surname
  • Birthplace of applicant or applicant’s parents
  • Nationality, lineage, national origin
  • Nationality of applicant’s spouse
  • Applicant’s native tongue/English proficiency
  • How foreign languages were learned
  • Maiden name (of married woman)

Citizenship

  • “Are you a citizen of this country?”
  • “If not a citizen, are you legally eligible to accept work and remain in this country?”
  • Statement that, if hired, applicant must furnish proof of citizenship or appropriate visa; complete I-9 form.
  • Whether Applicant is citizen of another country
  • “Are other members of your family U.S. citizens?”
  • “Of what country are you a citizen?”
  • Require proof of citizenship prior to employment.

 

Education

  • Schools attended
  • Degrees acquired
  • Transcripts, if required of ALL applicants for similar work
  • Questions regarding national, racial, or religious affiliation of school attended.

Photograph

  • May be required after hiring, if necessary, for business purposes.
  • Requirement that applicant attach photo to application
  • Statement that attaching photo is optional.

Experience

  • Inquiries regarding previous work experience
  • Inquiries about foreign countries visited ( see National Origin) .
  •  

 

Category

LAWFUL to Ask

UNLAWFUL to Ask

Credit Rating

 

  • All questions regarding credit rating, charge accounts, garnishments, or other indebtedness.

Disability

  • Whether Applicant can perform the essential job-related functions.
  • If applicant has a disability
  • Nature or severity of a disability
  • Whether Applicant has ever filed a workers’ compensation claim
  • Recent or past surgeries and dates
  • Past medical problems

Relatives

  • Names and addresses of persons willing to provide character or professional references for applicant.
  • Explain the conflict of interest rules and ask if these affect applicant.
  • Names and addresses of applicant’s relatives.

References

  • Names and addresses of persons willing to provide character of professional references for applicant.
  • Requires references from pastor, priest, rabbi, or other religious associate.

Organizations

  • Names of related professional organizations to which applicant belongs
  • Offices held in professional organizations.
  • List all clubs or organizations to which you belong
  • Requesting other information about membership in organizations if this information would indicate race, religion, or national origin of applicant.

Emergency

  • Names of persons to be notified in case of emergency
  • Names of relatives to be notified in case of emergency

Military History

  • Experience/education in military service which would relate to the job.
  • Type of discharge
  • Military disciplinary record

Age

  • Questions as to whether or not applicant meets minimum age requirements
  • “How old are you?”
  • Birt
    h
    date

Smoking

  • State the office policy/procedure and ask if there is a problem with that.
  • “Do you smoke?”