Subject

You May Not Ask

You May Ask

Martial Status

–     Are you married?

–     Are you single?  Are you divorced?

–     Maiden name? Have you ever changed your name?

–     What was your original name?

–     Have you ever used another name while working for another company so we can check on your work and education record?

Residence

–     Do you own or rent your home?

–     What is your present address?

Age

–     How old are you?  What is your birth date?

–     When did you attend elementary or high school?

–     When did you graduate?

–     If hired, can you show proof of legal age?

–     Are you over eighteen years of age?

Birthplace, Citizenship

–     Where were you born?

–     In what country were your parents born?

–     Are you a naturalized citizen?

–     Can you, after employment, provide proof of employment eligibility?

Sexual Orientation

–     Are you gay?

–     What is your sexual orientation?

–     Do you attend gay bars?

–     Etc.

–     None

National Origin, Ancestry

–     What is your nationality, ancestry, native language?

–     How did you learn to speak a foreign language?

–     You may ask if an applicant speaks a particular language if it is required for the job.

Family

–     Do you have any children?  Do you plan to have any?

–     Do you use day care?  Do you have a nanny?

–     Are you pregnant?  Do you use birth control?

–     Do you foresee any attendance problems?

Race, Color

–     What is your race? 

–     Questions about the applicant’s complexion, eyes, hair.

–     None

Education

–     What year did you graduate from grade school, high school, college?

–     Did you graduate from college?

–     What degree did you earn?

Photo

–     Please provide a photo with your application.

–     You will be photographed after your interview.

–     This interview will be videotaped.

–     After you are hired, you will be photographed for identification purposes.

Disabilities

–     Have you ever received workers’ comp benefits?

–     Do you have any disabilities or handicaps?

–     Can you perform the specific tasks required for this job?

Religion

–     What religion are you?

–     Who is your Pastor, Minister or Rabbi?

–     Can you work Saturdays and Sundays?

–     Please provide character references.

Criminal Record

–     Have you ever been arrested?

–     Have you ever been convicted of any crime?