| 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 by whom the candidate was referred for the position.
- Names 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, relationship and address of person to be notified in case of an emergency after hiring.
| - Names of applicant's relatives other than those already working for the institution.
| Title IX |
| Work Schedule | - To ask willingness to work required work schedule.
- To ask if applicant has military reservist obligations.
| - To ask willingness to work any particular holidays.
| Title VII |
| Address/Housing | - To request place and length of current and previous addresses.
- To ask for applicant's phone number of 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, etc.-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 | - May be required after hiring for identification purposes.
| - To take pictures of applicants during an interview.
| Title VII |
| Conviction, Arrest, and 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.
| |
| Other Qualifications | - 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.
| |
| Name | - For any purposes, inquiry into whether the applicants work records arc 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/she has used.
| Title VII of the Civil Rights Act of 1964, as amended by the EO/AA Act of 1972. Title IX (Higher Education Act) |
| Age | - 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 of US citizenship after hiring.
- Whether a US citizen.
- If not, whether intends to become one.
- If US residence is legal.
- If Spouse is a citizen.
| - To inquire into national origin or birthplace of applicant or applicant's family.
- Date of citizenship.
| Title VII |
| Race/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 VIl |
| Sex | - Indicate that the institution is an equal opportunity employer.
| - To ask applicant any inquiry which would indicate sex, unless job related. (An example would be a locker room or restroom 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.
| |
| Religion | - To state normal hours any days of work require 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 VIl |
| Marital/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 a duration of stay on job or 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.
| 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 required ''reasonable accommodation."
| - To ask job applicants general questions about whether they have a disability or about the nature and severity of their disability.
| Rehabilitation Act of 1973/Americans with Disabilities Act of l990 |