| 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 |