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ACCEPTABLE AND UNACCEPTABLE AREAS OF INQUIRY

 

AREA OF INQUIRY

ACCEPTABLE AREAS OF INQUIRY

UNACCEPTABLE AREAS OF INQUIRY

LEGISLATION

 

 
Name For access purpose, inquiry into whether the applicant’s work records are under another name. To ask if a woman is a Miss. Mrs. or Ms.

To request applicant to give maiden name, or any other previous name he or she has used.		 Title VII of the Civil Rights Act, as amended by the Equal Employment Opportunity Act of 1972. Title IX (Higher Education Act)
Age Require proof of age by birth certificate after hiring. To ask age or age group of applicant

To request birth certificate or baptismal record before hiring.		 Age Discrimination in Employment Act of 1967
Birthplace/National
Origin/ Citizenship		 Ask for birth certificate or other proof U.S. citizenship after hiring

Whether a US citizenp;                   

If not, whether intends to become one.

If US residence is legal.

If spouse is a citizen		 Date of citizenship  
Race/ Color To indicate that the institution is an equal opportunity employer

To ask race for affirmative action plan statistics, after hiring.		 Any inquire that would indicated race or color Title VII
Sex Indicate that the institution is an equal opportunity employer To ask an applicant any inquiry which would indicated sex, unless job related. (An example would be a locker room or rest room attendant.) 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. Wesleyan University Policy
Religion To state normal hours and days of work required by the job to avoid possible conflict with religious convictions. To ask an applicant’s religion or religious customs or holidays.

To request recommendations from church officials.		 Title VII

 

* There are conversational context in which some of these questions may emerge appropriately and at the invitation of the candidate. However, questions along these lines, when initiated by an interviewer or pursued too extensively, can raise an inference of improper motivation and can be used as evidence of discriminations.

AREA OF INQUIRY

ACCEPTABLE AREAS OF INQUIRY

UNACCEPTABLE AREAS OF INQUIRY

LEGISLATION

 

 
Marital/ Parental Status Whether applicant can meet work schedules or has activities, commitments or responsibilities that may hinder meeting or work attendance requirements

Inquires, made to males and females alike, as to duration of stay on job or anticipated absences.		 To ask martial 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.		 Title VII and Title IX
Disability

If candidate is able to carry out the essential functions of the job.

After a conditional offer of employment, may inquire whether person has a disability to determine whether person needs a legally require “reasonable accommodation.”

 To ask job applicants general Rehabilitation questions about whether they have a disability or about the nature and severity of their disability. Vocational Rehabilitation Act of 1973 / Americans with Disabilities Act of 1990
Military Service

Inquiry into service in the US armed forces, including rank attained, branch of service, or any job-related experience.

 To ask type of discharge.

To request military service records before hiring.

To ask about military service in armed service of any Country but the US.		 Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (Public Law 93-508)
Education To ask what academic, professional or vocational schools attended.

To ask about language skills such as reading and writing foreign languages.		 Specifically ask the nationality, racial or religious affiliation of Schools attended

To ask how foreign language was acquired.		 Title VII
References To ask what academic, professional or vocational schools attended. 

Name of persons willing to provide professional and/or character references for applicant. 		 To request references specifically from clergy or any other person(s) who might reflect race, color, religion, sex, national origin or ancestry.  Title VII
Relatives Name and address of parents or guardian of minor applicant.

Name, relationships and address of person to be notified in case of an emergency after hiring.		 Name of applicant's relatives other than those already working for the institution.  Title IX

 

AREA OF INQUIRY

ACCEPTABLE AREAS OF INQUIRY

UNACCEPTABLE AREAS OF INQUIRY

LEGISLATION

 

 
Work Schedule To ask willingness to work required work required work schedule.

To ask if applicant has military reservist obligations. 		 To ask willingness to work any particular religious holidays. Title VII
Address/Housing To request place and length of current and previous addresses.

To ask for applicant's phone number or how he or she can be reached if a number is not available. 		 To ask applicants if they own their own home, or rent or live in an apartment or house.

Specific inquiry into foreign addresses that would indicate national origin.

Name or relationship of person with whom applicant resides. 		 Title VII
Organizations To ask organizational membership-professional, social, et- so long as affiliation is not used to Discriminate on the basis of Race, sex, or national origin.

Offices held, if any.		 To request listing of all organizations, clubs, societies, and lodges to which applicant belongs or has belonged.  Title VII
Photographs Maybe require after hiring for identification purposes.  To take pictures of applicants during interviews. Title VII
Convictions 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.   
Other To inquire about any area that has direct reflection on the job applied for. Any non job-related inquiry that may present information permitting Unlawful discrimination.