Pre-Employment Inquiry Guidelines

5/3/82

General

These guidelines are not complete definitions of what can and cannot be asked of applicants. They are illustrative and attempt to answer the questions most frequently asked about equal opportunity law. It is hoped that in most cases the given rules, either directly or by analogy, will guide all personnel involved in the pre-employment processes of recruiting, interviewing, and selection. These guidelines pertain only to inquiries directed to all applicants prior to employment. Information required for records such as race, sex, and number of dependents may be requested after the applicant is on the payroll provide such information is not used for any subsequent discrimination, as in classification changes or terminations.

These laws are not intended to prohibit employers from obtaining sufficient job-related information about applicants, as long as the questions do not elicit information which should not be encouraged to volunteer potentially prejudicial information. The laws do not restrict the rights of employers to define qualifications necessary for satisfactory job performance, but require that the same standard of qualifications used for hiring be applied to all persons considered for employment.

The key is that the inquires be directly related to the applicants' ability to perform the job.

Subject Acceptable Unacceptable

1. Name Name
"Have you ever used another name?" /or/ "Is any information relative to change of name, use of an assumed name, or nickname necessary to enable a check on your work and education record? If yes, please explain."
Maiden name
Inquiries about name which 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.
Inquiries about preferred courtesy title: Miss., Mrs., Ms.

2. Residence Applicant's address.
Inquiry into length of stay at current and previous addresses.
"How long a resident of this State or city?"
Specific inquiry into foreign address which would indicate national origin.
Names and relationship of persons with whom applicant resides.
Whether applicant owns or rents home.

3. Age Statement that hire is subject to verification that applicant meets legal age requirements.
"If hired can you show proof of age?"
"Are you over 18 years of age?"
If under 18, can you, after employment, submit a work permit?"
Age.
Birthdate.
Dates of attendance or completion of elementary or high school.
Questions which tend to identify applicants over age 40.

4. Birthplace, Citizenship "Can you, after employment, submit verification of your legal right to work in the United States?" /or/ Statement that such proof may be required after employment. Birthplace of applicant, applicant's parents, spouse, or other relatives.
"Are you a U.S. citizen?" /or/ Citizenship of applicant, applicant's parents, spouse, or other relatives.
Requirements that applicant produce naturalization, first papers, or alien card prior to employment.

5. National Origin Languages applicant reads, speaks, or writes, if another language is necessary to perform the job. Questions as to nationality, lineage, ancestry, national origin, descent, or parentage of applicant, applicant's parents, or spouse.
"What is your mother tongue?" /or/ Language commonly used by applicant.
How applicant acquired ability to read, write, or speak a foreign language.

6. Sex, Marital Status, Family Name and address of parent or guardian if applicant is a minor
Statement of company policy regarding work assignment of employees who are related.
Questions which indicate applicant's sex.
Questions which indicate applicant's marital status.
Number and/or ages of children or dependents.
Provisions for child care.
Questions regarding pregnancy, child bearing, or birth control.
Name or address of relative, spouse, or children of adult applicant.
"With whom do you reside?" /or/ "Do you live with your parents?"

7. Race, Color None Questions as to applicant's race or color.
Questions regarding applicant's complexion or color of skin, eyes, hair.

8. Physical Description, Photograph Statement that photograph may be required after employment. Questions as to applicant's height and weight.
Require applicant to affix a photograph to application.
Request applicant, at his or her option, to submit a photograph.
Require a photograph after interview but before employment.

9. Physical Condition, Handicap Statement by employer that offer may be made contingent on applicant passing a job-related physical examination.
"Do you have any physical condition or handicap which may limit your ability to perform the job applied for? If yes, what can be done to accommodate your limitation?"
Questions regarding applicant's general medical condition, state of health, or illnesses.
Questions regarding receipt of Worker's Compensation.
"Do you have any physical disabilities or handicaps?"

10. Religion Statement by employer of regular days, hours, or shifts to be worked. Questions regarding applicant's religion.
Religious days observed /or/ "Does your religion prevent you from working weekends or holidays?"

11. Arrest, Criminal Record "Have you ever been convicted of a felony, within (specified time period) a misdemeanor which resulted in imprisonment? (Such a question must be accompanied by a statement that a conviction will not necessarily disqualify applicant from the job applied for.) Arrest record /or/ "Have you ever been arrested?"

12. Bonding Statement that bonding is a condition of hire. Questions regarding refusal or cancellation of bonding.

13. Military Service Questions regarding relevant skills acquired during applicant's U.S. military service. General questions regarding military services such as dates, and type of discharge.
Questions regarding service in a foreign military.

14. Economic Status None Questions regarding applicant's current or past assets, liabilities, or credit rating, including bankruptcy or garnishment.

15. Organizations, Activities "Please list job-related organizations, clubs, professional societies, or other associations to which you belong - you may omit those which indicate your race, religious creed, color, national origin, ancestry, sex, or age." "List all organizations, clubs, societies, and lodges to which you belong."

16. References "By whom were you referred for a position here?"
Names of persons willing to provide professional and/or character references for applicant.
Questions of applicant's former employers or acquaintances which elicit information specifying the applicant's race, color, religious creed, national origin, ancestry, physical handicap, medical condition, marital status, age, or sex.

17. Notice in Case of Emergency Name and address of person to be notified in case of emergency. Name and address of relative to be notified in case of accident or emergency.

`Subject`	Acceptable	Unacceptable
`1. Name`	`Name` `"Have you ever used another name?" /or/ "Is any information relative to change of name, use of an assumed name, or nickname necessary to enable a check on your work and education record? If yes, please explain."`	`Maiden name` `Inquiries about name which 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.` `Inquiries about preferred courtesy title: Miss., Mrs., Ms.`
`2. Residence`	`Applicant's address.` `Inquiry into length of stay at current and previous addresses.` `"How long a resident of this State or city?"`	`Specific inquiry into foreign address which would indicate national origin.` `Names and relationship of persons with whom applicant resides.` `Whether applicant owns or rents home.`
`3. Age`	`Statement that hire is subject to verification that applicant meets legal age requirements.` `"If hired can you show proof of age?"` `"Are you over 18 years of age?"` `If under 18, can you, after employment, submit a work permit?"`	Age. `Birthdate.` `Dates of attendance or completion of elementary or high school.` `Questions which tend to identify applicants over age 40.`
`4. Birthplace, Citizenship`	`"Can you, after employment, submit verification of your legal right to work in the United States?" /or/ Statement that such proof may be required after employment.`	`Birthplace of applicant, applicant's parents, spouse, or other relatives.` `"Are you a U.S. citizen?" /or/ Citizenship of applicant, applicant's parents, spouse, or other relatives.` `Requirements that applicant produce naturalization, first papers, or alien card prior to employment.`
`5. National Origin`	`Languages applicant reads, speaks, or writes, if another language is necessary to perform the job.`	`Questions as to nationality, lineage, ancestry, national origin, descent, or parentage of applicant, applicant's parents, or spouse.` `"What is your mother tongue?" /or/ Language commonly used by applicant.` `How applicant acquired ability to read, write, or speak a foreign language.`
`6. Sex, Marital Status, Family`	Name and address of parent or guardian if applicant is a minor `Statement of company policy regarding work assignment of employees who are related.`	Questions which indicate applicant's sex. `Questions which indicate applicant's marital status.` `Number and/or ages of children or dependents.` `Provisions for child care.` `Questions regarding pregnancy, child bearing, or birth control.` `Name or address of relative, spouse, or children of adult applicant.` `"With whom do you reside?" /or/ "Do you live with your parents?"`
`7. Race, Color`	`None`	`Questions as to applicant's race or color.` `Questions regarding applicant's complexion or color of skin, eyes, hair.`
`8. Physical Description, Photograph`	`Statement that photograph may be required after employment.`	`Questions as to applicant's height and weight.` `Require applicant to affix a photograph to application.` `Request applicant, at his or her option, to submit a photograph.` `Require a photograph after interview but before employment.`
`9. Physical Condition, Handicap`	Statement by employer that offer may be made contingent on applicant passing a job-related physical examination. `"Do you have any physical condition or handicap which may limit your ability to perform the job applied for? If yes, what can be done to accommodate your limitation?"`	Questions regarding applicant's general medical condition, state of health, or illnesses. `Questions regarding receipt of Worker's Compensation.` `"Do you have any physical disabilities or handicaps?"`
`10. Religion`	`Statement by employer of regular days, hours, or shifts to be worked.`	`Questions regarding applicant's religion.` `Religious days observed /or/ "Does your religion prevent you from working weekends or holidays?"`
`11. Arrest, Criminal Record`	`"Have you ever been convicted of a felony, within (specified time period) a misdemeanor which resulted in imprisonment? (Such a question must be accompanied by a statement that a conviction will not necessarily disqualify applicant from the job applied for.)`	Arrest record /or/ "Have you ever been arrested?"
`12. Bonding`	`Statement that bonding is a condition of hire.`	Questions regarding refusal or cancellation of bonding.
`13. Military Service`	`Questions regarding relevant skills acquired during applicant's U.S. military service.`	`General questions regarding military services such as dates, and type of discharge.` `Questions regarding service in a foreign military.`
`14. Economic Status`	`None`	Questions regarding applicant's current or past assets, liabilities, or credit rating, including bankruptcy or garnishment.
`15. Organizations, Activities`	`"Please list job-related organizations, clubs, professional societies, or other associations to which you belong - you may omit those which indicate your race, religious creed, color, national origin, ancestry, sex, or age."`	"List all organizations, clubs, societies, and lodges to which you belong."
`16. References`	"By whom were you referred for a position here?" `Names of persons willing to provide professional and/or character references for applicant.`	`Questions of applicant's former employers or acquaintances which elicit information specifying the applicant's race, color, religious creed, national origin, ancestry, physical handicap, medical condition, marital status, age, or sex.`
`17. Notice in Case of Emergency`	`Name and address of person to be notified in case of emergency.`	Name and address of relative to be notified in case of accident or emergency.