| Subject |
May
Ask |
May
Not Ask |
| Name |
Current Legal Name |
Whether person worked under a different
name; questions that would divulge ancestry or marital
status. |
| Sex |
Nothing |
May not comment on person’s sex unless
it is a bona fide occupational qualification (BFOQ).
This is highly unlikely in most circumstances, except
maybe film, theatre, etc. |
| Age |
Are you over the age of 18? (Proof
of age, for insurance purposes, can be required
after the person is hired.) |
Age; when applicant graduated from
high school, etc. |
| Address |
Place and length of current address |
How long have you lived in the United
States? What foreign addresses have you had? |
| Birthplace |
Nothing |
Any inquiry into place of birth, or
that of parents, spouse, grandparents, or other
relatives |
| Citizenship |
If not a U.S. citizen, do you have
the right to permanently remain in the U.S.? |
Whether applicant, parents, or spouse,
are native born U.S. citizens; or what country applicant
is a citizen? |
| Marital Status |
Nothing |
Whether applicant is married, single,
divorced, engaged, widowed, or living with someone |
| Sexual Preference |
Nothing |
Whether applicant is homosexual, heterosexual,
or any other question pertaining to sexual tendencies
or preferences |
| Lifestyle |
Nothing |
Anything involving applicant’s natural
and preferred way of living |
| Family |
Nothing |
Any question concerning family size,
family planning, children’s ages, plans for childcare,
or spousal income or employment |
| Religion |
Nothing |
About religious denomination, affiliation,
church or synagogue, religious holidays observed;
whether applicant regularly attends a house of worship |
| Disability |
Whether the individual has a mental
or physical disability that would effect his/her
ability to perform the job responsibilities |
Questions about physical or mental
limitations that are not job related |
| Physical Data |
Whether the applicant is able to perform
the job responsibilities |
Applicant’s height or weight |
| Pregnancy |
Nothing |
About the applicants plans for having
children; about medical history concerning pregnancy
and health related matters |
| Military Status |
About job-related experience gained
in the military |
About branch of service; type of discharge |
| Housing |
How applicant can be reached if there
is no telephone at home |
Whether applicant owns or rents an
apartment or house |
| Education |
About educational institutions attended;
training |
About religious or racial affiliations
of school attended; about educational experience
that is not necessary for the job to be performed |
| Organizations |
About professional organizations |
About all organizations that applicants
belong to; organizations that indicate race, color,
religion, sex, marital status, national origin,
veteran status, or disability of applicant |
| Financial Position |
Nothing |
About credit ratings, garnishment,
debts, to whom debts are owed |
| Arrest Record |
Nothing |
About arrests, or time spent in jail.
Arrests without convictions do no indicate guilt |
| Convictions |
About convictions, but only if job
related (e.g. inquiries about embezzelment convictions
if position requires financial responsibilities)
and only if asked of all applicants |
General questions about whether applicant
has ever been convicted |
