| Subject |
|
Permissible Inquiries |
|
Inquiries That Must Be Avoided |
|
| 1. Name |
|
"Have you worked for this company under a different name?"
"Is any additional information relative to change of name, use of an assumed
name or nickname necessary to enable a check on your work and educational record? If
yes, explain." |
|
Inquires about the name that would indicate applicant's lineage, ancestry,
national origin, or descent. Inquiry into previous name of applicant where it has
been changed by court order or otherwise. "Indicate: Miss, Mrs.,
Ms." |
| 2. Martial and Family Status |
|
Whether applicant can meet specified work schedules or has activities,
commitments, or responsibilities that may hinder the meeting of work attendance
requirements. Inquiries, made to males and females alike, as to a duration of stay
on job or anticipated absences |
|
Any inquiry indicating whether an applicant is married, single, divorced,
engaged, etc. Number and age of children. Information on child-care
arrangements. Any questions concerning pregnancy. Any similar question that
directly or indirectly results in limitation of job opportunity in any way. |
| 3. Age |
|
If a minor, require proof of age in the form of a work permit or a
certificate of age. Require proof of age by birth certificate after being hired.
Inquiry as to whether the applicant meets the minimum age requirements as set by
law and indication that, on hiring, proof of age must be submitted in the form of a birth
certificate or other forms of proof of age. If age is a legal requirement:
"If hired, can you furnish proof of age?" or statement that hire is subject to
verification of age. Inquiry as to whether an applicant is younger than the
employer's regular retirement age. |
|
Requirement that applicant state age or date of birth. Requirement
that applicant produce proof of age in the form of a birth certificate or baptismal
record. (The Age Discrimination in Employment Act of 1967 forbids discrimination
against persons between the ages of 40 and 70.) |
| 4. Handicaps |
|
For employers subject to the provisions of the Rehabilitation Act of 1973,
applicants may be "invited" to indicate how and to what extent they are
handicapped. the employer must indicate to applicants that: 1) compliance with
the invitation is voluntary; 2) the information is being sought only to remedy
discrimination or provide opportunities for the handicapped; 3) the information will be
kept confidential; and 4) refusing to provide the information will not result in adverse
treatment. All applicants can be asked whether they are able to carry out all
necessary job assignments and perform them in a safe manner. |
|
The Rehabilitation Act of 1973 forbids employers from asking job
applicants general questions about whether they are handicapped or asking them about the
nature and severity of their handicaps. an employer must be prepared to prove that
any physical and mental requirements for a job are due to "business necessity"
and the safe performance of the job. Except in cases where undue hardship can be
proven, employers must make "reasonable accommodations" for the physical and
mental limitations of an employee or applicant. "Reasonable accommodation"
includes alteration of duties, alteration of physical setting, and provision of aids. |
| 5. Sex |
|
Inquiry as to sex or restriction of employment to one sex is permissible
only where a bona fide occupational qualification exists. (This BFOQ exception is
interpreted very narrowly by the courts and EEOC.) The burden of proof rests on the
employer to prove that the BFOQ does exist and that all members of the affected class are
incapable or performing the job. |
|
Sex of applicant. Any other inquiry that would indicate sex.
Sex is not a BFOQ because a job involves physical labor (such as heavy lifting) beyond the
capacity of some women, nor can employment be restricted just because the job is
traditionally labeled "men's work" or "women's work." Sex cannot
be used as a factor for determining whether an applicant will be satisfied in a particular
job. Avoid questions concerning applicant's height or weight unless you can prove
they are necessary requirements for the job to be performed. |
| 6. Race or Color |
|
General distinguishing physical characteristics, such as scars. |
|
Applicant's race. Color of applicant's skin, eyes, hair, or other
questions directly or indirectly indicating race or color. |
| 7. Address or Duration of Residence |
|
Applicant's address. Inquiry into place and length of current and
previous addresses, e.g., "How long a resident of this state or city?" |
|
Specific inquiry into foreign addresses that would indicate national
origin. Names or relationship of persons with whom applicant resides. whether
applicant owns or rents home. |
| 8. Birthplace |
|
"After employment (if employed by this institution), can you submit a
birth certificate or other proof of U.S. Citizenship?" |
|
Birthplace of applicant. Birthplace of applicant's parents, spouse,
or other relatives. Requirement that applicant submit a birth certificate or
naturalization or baptismal record before employment. Any other inquire into
national origin. |
| 9. Religion |
|
An applicant may be advised concerning normal hours and days of work
required by the job to avoid possible conflict with religious or other personal
convictions. |
|
Applicant's religions denomination or affiliation, church, parish, pastor,
or religious holidays observed. Applicants may not be told that any particular
religious groups are required to work on their religious holidays. Any inquiry to
indicate or identify religious denomination or customs. |
| 10. Military Record |
|
Type of education and experience in service as it related to a particular
job. |
|
Type of discharge. |
| 11. Photograph |
|
Indicate that this may be required after hiring for identification |
|
Requirement that applicant affix a photograph to his or her application.
Request that applicant, at his or her option, submit photograph. Requirement
of photograph after interview but before hiring. |
| 12. Citizenship |
|
"Are you a citizen of the United States?" "If you are not a
U.S. citizen, have you the legal right to remain permanently in the U.S.?"
"Do you intend to remain permanently in the U.S.?" "If not a citizen,
are you prevented from lawfully becoming employed because of visa or immigration
status?" Statement that, if hired, applicant may be required to submit proof of
citizenship. |
|
"Of what country are you a citizen?" whether applicant or
his or her parents or spouse are naturalized or native born U.S. citizens. Date when
applicant or parents or spouse acquired U.S. citizenship. Requirement that applicant
produce his or her naturalization papers. Whether applicant's parents or spouse are
citizens of the U.S. |
| 13. Ancestry or National Origin |
|
Languages applicant reads, speaks, or writes fluently. (If another
language is necessary to perform the job.) |
|
Inquires into applicant's lineage, ancestry, national origin, descent,
birthplace, or mother tongue. National origin of applicant's parents or spouse. |
| 14. Education |
|
applicant's academic, vocational, or professional education: school
attended. Inquiry into language skills such as reading, speaking, and writing
foreign languages. |
|
Any inquiry asking specifically the nationality, racial affiliations, or
religious affiliation of a school. inquiry as to how foreign language ability was
acquired. |
| 15. Experience |
|
Applicant's work experience, including names and addresses of previous
employers, dates of employment, reasons for leaving, salary history. |
|
|
| 16. Conviction, Arrest, and Court Record |
|
Inquiry into actual convictions that relate reasonably to fitness to
perform a particular job. (A conviction is a court ruling where the party if found
guilty as charged. An arrest is merely the apprehending or detaining of the person
to answer the alleged crime.) |
|
Any inquiry relating to arrests. Ask or check into a person's
arrest, court, or conviction record if not substantially related to functions and
responsibilities of the particular job in question. |
| 17. Relatives |
|
Names of applicant's relatives already employed by this company.
Name and addresses of parents or guardian of minor applicant. |
|
Name or address of any relative of adult applicant, other than those
employed by this company. |
| 18. Notice in Case of Emergency |
|
Name and address of persons to be notified in case of accident or
emergency. |
|
Name and address of relatives to be notified in case of accident or
emergency. |
| 19. Organizations |
|
Inquiry into the organizations of which an applicant is a member providing
the name or character of the organization does not reveal the race, religion, color, or
ancestry of the membership. "List all professional organizations to which you
belong. What offices are held?" |
|
"List all organizations, clubs, societies, and lodges to which you
belong." The names of organizations to which the applicant belongs if such
information would indicate through character or name the race, religion, color, or
ancestry of the membership. |
| 20 References |
|
By whom were you referred for a position here? Names of persons
willing to provide professional and/or character references for applicant. |
|
Require the submission of a religious reference. Request reference
from applicant's pastor. |
| 21. Miscellaneous |
|
Notice to applicants that any misstatements or omissions of material facts
in the application may be cause for dismissal. |
|
|
|
| Any inquiry should be avoided that, although not specifically
listed among the above, is designed to elicit information as to race, color ancestry, age,
sex, religion, handicap, or arrest and court record unless based upon a bona fide
occupational qualification. |
|
| Reprinted from Personnel Practices for
Small Colleges by permission of the National Association of College and University
Business Officers. |
