Area of Inquiry |
Acceptable Areas of Inquiry |
Unacceptable Areas of Inquiry |
Reason Why |
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Name |
For access purposes, inquiry into whether the applicant's work records are under another name |
To ask if a Miss, Mrs. Or Ms.
To request applicant to give maiden name or any previous name he or she has used
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Age |
Require proof of age by birth certificate after hiring |
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Age Discrimination in Employment Act of 1967Age Discrimination Act of 1975 |
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Birthplace, National Origin, or Citizenship |
Ask for birth certificate or other proof of U.S. citizenship before hiring
Whether U.S. citizen
If not, whether intends to become one
If U.S. residence is legal· If spouse is a citizen
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Title VII |
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Race or Color |
To indicate that the institution is an equal opportunity employer
To ask race for affirmative action plan statistics, after hiring
|
Any inquiry that would indicate race or color |
Title VII |
|
Sex |
Indicate that the institution is an equal opportunity employer |
To ask applicant any inquiry that would indicate sex, unless job related. |
Title VII and Title IX |
|
Sexual Orientation |
To indicate that the institution prohibits discrimination on the basis of sexual orientation |
To ask an applicant any question that would indicate the applicant's sexual or affectional orientation |
Institution policy |
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Religion |
To state normal hours and days of work required by the job to avoid possible conflict with religious convictions. |
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Title VII |
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Marital or Parental Status |
Whether applicant can meet work schedules or has activities, commitments or responsibilities that may hinder meeting work attendance requirements.
Inquiries, made to males and females alike, as to duration of stay on job and anticipated absences.
|
To ask marital status before hiring
To ask about the number and age of children, child care arrangements and plans to have more children before hiring for insurance purposes
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Title VII and Title IX |
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Disability |
Questions must be directly related to the job. All applicants can be asked whether they are able to carry out all necessary job assignments and perform them in a safe manner.
Can you meet the requirements of our attendance policy?
Can you show me how you would perform these functions of the job?
Persons with disabilities are not required to tell you of their disabilities.
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General questions about medical conditions, whether an applicant has a disability or asking about the nature and severity of a disability.
Questions about workers compensation claims, injuries on the job and the use of sick leave are also prohibited.
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Rehabilitation Act of 1973 Americas with Disabilities Act of 1990 |
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Military Service |
Inquiry into services in the U.S. armed forces, including rank attained, branch of service, or any job related experience |
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Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (PL 93-508) |
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Conviction, Arrest, or Court Record |
Inquiry into actual convictions that relate reasonably to performing a particular job |
Any inquiry relating to arrests, court or conviction records not substantially related to job in question |
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