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Communicating with Applicants

Guidelines for Pre-Employment Inquiries

Name

Lawful Pre-Employment Inquiries

  • First, Middle, Last Name
  • Use of any other names or nicknames necessary for checking previous work experience or education.

Unlawful Pre-Employment Inquiries

  • Requirements of prefix Mr., Miss, Ms., Mrs.
  • Inquiries about names which would indicate national origin.
  • Inquiries regarding names changed by marriage, divorce, court order, etc.
Address

Lawful Pre-Employment Inquiries

  • Applicant's address and the length of residence in this city/state.

Unlawful Pre-Employment Inquiries

  • Questions regarding foreign addresses, which would intentionally or unintentionally indicate national origin.
  • Whether applicant owns or rents homes or lives in an apartment.
  • Names and relationships of persons with whom applicant resides.
Familial Status

Lawful Pre-Employment Inquiries

  • Whether applicant can meet specified work schedules.

Unlawful Pre-Employment Inquiries

  • Whether applicant is married, single, divorced, separated, engaged, etc.
  • Number and ages of dependent children.
  • All questions related to pregnancy or methods of family planning.
  • Questions regarding childcare arrangements.
Height and Weight

Unlawful Pre-Employment Inquiries

  • Questions regarding height and weight are considered unlawful unless based on a Bona Fide Occupational Qualification (BFOQ), and such instances are rare. Consult Faculty Recruitment and Personnel Relations.

Race

Unlawful Pre-Employment Inquiries

  • Questions regarding race.
  • Inquiry into color of eyes and hair.
  • Other questions which would indicate race.
Religion

Lawful Pre-Employment Inquiries

  • Questions regarding religious denomination or beliefs if based on BFOQ as in the case of ministers, teachers, or other employees of specific religious organizations. Consult Faculty Recruitment and Personnel Relations.
  • Questions regarding availability for work during specific time periods (Reasonable accommodations must be made for employees whose religious practices interfere with work schedules).

Unlawful Pre-Employment Inquiries

  • Questions regarding religious beliefs if not based on BFOQ. Consult Faculty Recruitment and Personnel Relations.
  • If asked before employment, “What religious holidays do you observe?”
National Origin

Lawful Pre-Employment Inquiries

  • Language applicant speaks, reads, or writes.

Unlawful Pre-Employment Inquiries

  • How foreign languages were learned.
  • Ancestry or birthplace of parents or spouse.
  • Associates or other relatives from foreign countries.
  • Birthplace of applicant.
Citizenship

Lawful Pre-Employment Inquiries

  • “Are you currently authorized to work in the U.S. on a full-time basis for any employer?”
  • If applicant says “yes” to the above, “will you require now or in the near future employment visa sponsorship?”
  • If applicant says “no,” you may ask what the applicant’s current immigration status is.

Unlawful Pre-Employment Inquiries

  • If the person is a U.S. citizen.
  • How the person obtained citizenship.
  • If the person is a permanent resident alien.
Gender

Unlawful Pre-Employment Inquiries

  • All questions regarding sex of the applicant unless based on BFOQ, which could occur in cases such as men’s locker room attendant, etc.
Sexual Orientation

Unlawful Pre-Employment Inquiries

  • Questions regarding sexual orientation of the applicant.
Education

Lawful Pre-Employment Inquiries

  • Schools attended.
  • Transcripts, if required of applicants for similar work.

Unlawful Pre-Employment Inquiries

  • Questions regarding national, racial, or religious affiliation of schools attended.
Photograph

Lawful Pre-Employment Inquiries

  • May be required after hiring if necessary for business purposes.

Unlawful Pre-Employment Inquiries

  • Requirement that applicant attach photo to application.
  • State that attaching photo is optional.
Experience

Lawful Pre-Employment Inquiries

  • Inquiries regarding previous work experience.
  • Foreign countries visited.
Criminal History

Lawful Pre-Employment Inquiries

  • “Have you ever been convicted of a crime?” (Information obtained must be used only if it relates to applicant’s fitness to perform a particular job. Example: Person convicted for embezzlement would be a high risk for a position as cashier in a store.)

Unlawful Pre-Employment Inquiries

  • “Have you ever been arrested?”  (An arrest is merely the detaining of a person to answer a crime and has no affect on fitness to perform a particular job.

Credit Rating

Unlawful Pre-Employment Inquiries

  • All questions regarding credit rating, charge accounts, garnishments, or other indebtedness.
Disability

Lawful Pre-Employment Inquiries

  • Questions regarding disabilities voluntarily disclosed by applicant if information is used solely for affirmative action. BFOQ

Unlawful Pre-Employment Inquiries

  • “Do you have a disability?”
Relatives

Lawful Pre-Employment Inquiries

  • Names and addresses of persons willing to provide character or professional references for applicant.
  • Explain conflict of interest rules and ask if these affect applicant/nepotism.

Unlawful Pre-Employment Inquiries

  • Names and addresses of applicant’s relatives.
References

Lawful Pre-Employment Inquiries

  • Names and addresses of persons willing to provide character or professional references for applicant.

Unlawful Pre-Employment Inquiries

  • Require references from pastor, priest, rabbi, or other religious associates/family members.
Organizations

Lawful Pre-Employment Inquiries

  • Names of professional organizations to which applicant belongs.
  • Offices held in professional organizations.

Unlawful Pre-Employment Inquiries

  • “List all clubs or organizations to which you belong.”
  • Requesting other information about membership in organizations if this information would indicate race, religion, or national origin of applicant.
In Case of Emergency

Lawful Pre-Employment Inquiries

  • Name of persons to be notified in case of emergency.

Unlawful Pre-Employment Inquiries

  • Names of relatives to be notified in case of emergency.
Age

Lawful Pre-Employment Inquiries

  • Birth date; questions about whether or not applicant meets minimum/maximum age requirements.

Unlawful Pre-Employment Inquiries

  • While it is not per se unlawful to inquire about an applicant’s age, requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose and not deter older workers from applying for employment or indicate possible intent to discriminate based on age.
Military History

Lawful Pre-Employment Inquiries

  • Experience/education in military services which would relate to the job applicant is seeking.

Unlawful Pre-Employment Inquiries

  • Type of discharge.
  • Military disciplinary record.
Medical Examination

Unlawful Pre-Employment Inquiries

  • Require medical examinations prior to employment only if required of all applicants.