Guide-for-Pre-employment-Inquiries.md

Guide for Pre-employment Inquiries

Summary

Category	May Not Ask	May Ask
Gender and Family	Sex of candidate Number of children or plans to have Marital status or maiden name Spouse's occupation Health care coverage through spouse Sexual preference	If candidate has relatives already employed by the organization
Race	Candidate's race or color Photo to be affixed to application or resume
National Origin or Ancestry	Ethnic association of a surname Birthplace of candidate or candidate’s parents Nationality, lineage, national origin, Nationality of candidate’s spouse Whether candidate is citizen of another country Whether candidate is a U.S. citizen Candidate’s native tongue or English proficiency Maiden name of a married woman	Whether candidate has a legal right to be employed in the U.S. Ability to speak or write English fluently, if job related Other languages spoken, if job related
Religion	Religious affiliation Religious holidays observed	Employer may state regular days, hours or shifts to be worked.
Age	Date of Birth Date of High School Graduation Age / Age of Children	If candidate is 18 or over If under 18, can candidate, after employment, submit a work permit?
Disability	If candidate has a disability Nature or severity of a disability Medical history Note: Don’t make assumptions about a person with a disability and what they can and can’t do	Whether candidate can perform the essential job-related functions
Personal	Emergency Contact (at interview stage) Bankruptcy and credit Owns or rents a home or car Wage garnishments Driver’s License, unless job related Union affiliation	Membership in any jobrelated trade or professional association (not other memberships) Job references Availability to work shifts, holidays, to travel, or to relocate only if job-related

Detailed Account

Category	It is discriminatory to inquire about:	Examples of acceptable inquiries:
Name	The fact of a change of name or the original name of an applicant whose name has been legally changed. Maiden name.	Information relative to change of name, use of an assumed name or nickname necessary to enable a check on applicant’s work records.
Birthplace and Residence	Birthplace of applicant or spouse. Birthplace of applicant’s parents. Requirement that the applicant submit birth certificate, naturalization or baptismal record (see citizenship item).	Applicant’s place of residence. Length of applicant’s residence in city where the employer is located.
Creed and Religion	Applicant’s religious affiliation. Church, parish or religious holidays observed by applicant, and whether religious beliefs prevent applicant from working on those days.	None; however, an employer may state the regular work days, hours and shifts to be worked, as well as religious days on which operations are closed.
Race or Color	Applicant’s race. Color of applicant’s skin, eyes, hair, etc.	None.
Photographs and Finger-prints	Photographs with application. Photographs after interview, but before hiring.	Statement that photograph and/or fingerprints may be required after employment.
Age	Inquire about age in order to: Satisfy the provisions of either state or federal minimum age statutes. Avoid interference with the operation of the terms and conditions and administration of any bona fide retirement pension employee benefit program. Verify that applicant is above the minimum legal age but without asking for a birth certificate. Age specifications or limitations in newspaper advertisements which might bar workers under or over a certain age. Dates of attendance or completion of elementary or high school.	Statement that applicant’s hire is subject to verification that he/she meets legal age requirements. If hired, can you furnish proof of age? Are you over 18 years of age? If under 18, can you submit a work permit after employment?
Education	Specific years of attendance or graduation. Who paid for educational expenses while in school. Whether applicant still owes on loans taken out while in school.	Academic, vocational or professional education and the public and private schools attended.
Citizenship	Any inquiry into whether applicant is or intends to become a citizen of the United States. Any requirement that applicants produce naturalization or alien registration prior to employment. Requirement of production of naturalization or alien registration prior to employment.	Can you, after employment, submit verification of your legal right to work in the United States?
National Origin and Ancestry	Applicant’s lineage, ancestry, national origin, descent, parentage or nationality. Language commonly used by applicant. How applicant acquired the ability to read, write or speak a foreign language.	What language the applicant speaks, writes, reads or understands (may be asked only if language other than English is relevant to the job being applied for).
Language	Applicant’s mother tongue. Language commonly used by applicant at applicant’s home. How the applicant acquired ability to read, write or speak a foreign language.	Languages applicant speaks and/or writes fluently.
Relatives	Name and/or address of any relative of applicant.	Names of relatives already employed by the company or by a competitor.
Organizations	Clubs, societies, lodges or organizations to which the applicant belongs, which might indicate race, religion, etc. Names of any service organizations of which applicant is a member.	Applicant’s membership in any professional or trade organization, unless they indicate applicant’s race, religion, ancestry, sex or age.
References	The name of the applicant’s pastor or religious leader. Any questions of applicant’s former employers or acquaintances that elicit information concerning applicant’s race, sex, color, religion, national origin, physical handicap, marital status, age, sexual orientation or medical condition.	Names of persons willing to provide professional and/or character references for applicant. Names of persons who suggested applicant apply for a position with the employer. Request of applicant for written consent to a former employer’s giving of a narrative job reference.
Sex and Marital Status	Sex of applicant. Marital status of applicant. Dependents of applicant. Whether applicant has made provisions for child care. Whether applicant is pregnant, or uses birth control. With whom applicant resides Whether applicant lives with his/her parents. Applicant’s maiden name. Name of spouse or children Child support obligations.	The name and address of applicant’s parent or guardian (for minors only, if applicable to the job). Name and position of any relatives already employed by the company.
Arrest Record	The number and kinds of arrests of an applicant. Misdemeanor convictions for possession of marijuana that are more than two years old.	Number and kinds of convictions for criminal offenses (must be accompanied by a statement that a conviction will not necessarily disqualify an applicant for employment).
Height or Weight	Any inquiry into height or weight of applicant, except where it is a bona fide occupational requirement.
Disability or Physical or Mental Condition	Inquiry into applicant’s general medical condition, state of health or illness, physical or mental disabilities. Questions regarding receipt of disability benefits.	a. Whether applicant is able to perform the essential functions of this job (if applicant voluntarily discloses a disability, can inquire whether applicant can perform the job.
Emergency	Name and address of relative to be notified in case of accident or emergency.	Name and address of person to be notified in case of accident or emergency.