ODDEP

Lawful and Unlawful Pre-Employment Inquires

Inquiry Lawful Unlawful
Name Name Inquiry into any title which indicates race, color, religion, sex, national origin, disability, age, or ancestry.
Address Inquiry into place and length of current address. Inquiry into foreign address which would indicate national origin.
Age Any inquiry limited to establishing that applicant meets any minimum age requirements which may be established by law. Ex. Are you 18 years or older?
  1. Requiring birth certificate or baptismal record before hiring.
  2. Any other inquiry which may reveal whether applicant is at least 40 and less than 70 years of age.
Birthplace or National Origin Are you legally eligible to work in the United States?
  1. Any inquiry into place of birth.
  2. Any inquiry into place of birth of parents, grandparents, or spouse.
  3. Any other inquiry into national origin.
Race or Color None Any inquiry which would indicate race or color.
Sex  
  1. Any inquiry which would indicate sex.
  2. Any inquiry made of members of one sex, but not the other.
Religion or Creed Will you be available to work the required schedule?
  1. Any inquiry which would indicate or identify religious denomination or custom.
  2. Applicant may not be told any religious identity or preference of the employer.
  3. Request pastor's recommendation or reference.
Disability Inquiries necessary to determine applicant's ability to substantially perform specific job without significant hazard. Any other inquiry which would reveal disability.
Citizenship Require proof of citizenship or visa status after being offered the position.
  1. If native-born or naturalized.
  2. Proof of citizenship before hiring.
  3. Whether parents or spouse are native-born or naturalized.
Photographs May be required for identification purposes. Require photograph before hiring.
Arrests and Convictions Inquiries into convictions for specific crimes related to qualifications of the job applied for. Any inquiry which would reveal arrests without convictions.
Education
  1. Inquiry into nature and extent of academic, professional or vocational training.
  2. Inquiry into language skills, such as reading and writing of foreign languages.
  1. Any inquiry which would reveal the nationality or religious affiliation of a school.
  2. Inquiry as to what mother tongue is or how foreign language ability was acquired.
Relatives   Any inquiry about a relative which would be unlawful if made about the applicant.
Organizations Inquiry into organization memberships and offices held, excluding any organization the name or character of which indicates the race, color, religion, sex, national origin, disability, age, or ancestry of its members. Inquiry into all clubs and organizations where memberships is held.
Military Service
  1. Inquiry into service in U.S. Armed Forces when such service is a qualification for the job.
  2. Require military discharge certificate after being hired.
  1. Inquiry into military service in armed service of any country but U.S.
  2. Request military service records.
  3. Inquiry into type of discharge.
Work Schedule Inquiry into willingness to work required work schedule. Any inquiry into willingness to work any particular religious holiday.
Other Any question required to reveal qualifications for the job applied for. Any non-job related inquiry which may reveal information permitting unlawful discrimination.
References General personal and work references not relating to race, color, religion, sex, national origin, disability, age, or ancestry. Request references specifically from clergy or any other persons who might reflect race, color, religion, sex, national origin, disability, age, or ancestry of applicant.