Unacceptable and Acceptable Areas of Pre- employment Inquires
Many things depend on how you ask a question, other areas should not be asked about because it is illegal to do so.
Unacceptable Areas of Inquires:
Questions regarding an applicant's race are unacceptable.
You may not ask: What clubs or organizations do you belong to? (If they belong to a group which indicates their race, it could cause legal liability.)
You may ask: What professional or trade groups do you belong related to your ability to perform this job?
Questions regarding an applicant's national origin are unacceptable.
This includes questions like: Are you a U.S. citizen?
However, you may ask: Are you lawfully employable in the United States?
Questions regarding an applicant's complexion or color of skin, hair or eyes are unacceptable.
Questions regarding an applicant's religion are unacceptable.
You may ask: Are you able to work on weekends if necessary?
Questions indicative of an applicant's sex are unacceptable.
Questions that can establish an applicant's age or approximate age are unacceptable.
You may not ask: When did you graduate from high school? or How old are you?
You may ask: Are you over eighteen?
Questions about martial status, pregnancy, future childcare plans and childcare arrangements are unacceptable.
You may not ask: Do you have any children? What are your childcare arrangements?
You may ask: Is there anything that would prevent you from coming to work regularly?
Questions about arrest records are unacceptable because they have been shown to be racially biased. Without proof of business necessity, an employer'suse of conviction records (not the same as arrest records) to disqualify job applicants may be unlawful. Conviction records should be cause for rejection only if the number, nature and time of the conviction would cause the applicant to be unsuitable for the position.
For example, you would be justified in not hiring someone convicted of stealing to go into people's houses and service appliances. In fact, doing so may put you at liability for negligent hiring. However, this is only because there is a reasonable, direct correlation between the conviction and the risk to your clients.
Questions regarding dates of military service and nature of military discharge are unacceptable unless a business necessity can be shown.
Questions regarding the existence, nature, or severity of a disability are not unacceptable. Whether an inquiry is permissive or not permissive is not intuitively obvious; it has to be examined on a case-by-case basis.
You may never ask: What disabilities do you have? or Do you have AIDS or Are you HIV-positive? (There is no acceptable way to inquire about this, or any other medical condition.)
You may ask: Are you able to perform the essential functions of the job to which you are applying? (Be sure you tell the applicant what the essential functions are).
Acceptable areas of inquires:
Questions about an applicant's educational experiences are acceptable.
You may ask: What schools have you attended?
But not: When did you graduate? (This gives an approximation of age which is illegal.)
Questions regarding an applicant's knowledge and skills are acceptable.
Questions regarding information about previous employment are acceptable.
Questions regarding an applicant's goals, reasons for applying for the job, strengths and weaknesses etc. are acceptable to ask.