Chart of Legal Questions
The following is from an information sheet on pre-employment inquiry guidelines distributed by the California Department of Fair Employment and Housing.
|
TOPIC |
LEGAL QUESTIONS |
DISCRIMINATORY QUESTIONS |
|
Family and Marital Status
|
· Do you have questions concerning duration of stay on job or anticipated absences? · Can you meet specified work schedules or have activities, commitments, or responsibilities that may hinder your meeting work attendance requirements?
|
· Are you married? · What is your spouse’s name? · What is your maiden name? · Do you have any children? · Are you pregnant? · What are your childcare arrangements? |
|
Race |
· None. |
· What is your race? |
|
Religion
|
· None. · You may inquire about availability for weekend work. |
· What is your religion? · Which church do you attend? · What are your religious holidays? |
|
Residence |
· What is your address? |
· Do you own or rent your home? · Who resides with you? |
|
Sex
|
· None |
· Are you male or female? |
|
Age |
· If hired, can you offer proof that you are at least 18 years of age? |
· How old are you? · What is your birthdate? |
|
Arrests or Convictions of a Crime
|
· Have you ever been convicted of a crime? · You must state that a conviction will be considered only as it relates to fitness to perform the job being sought. |
· Have you ever been arrested?
|
|
Citizenship or Nationality
|
· Can you show proof of your eligibility to work in the U.S.? · Are you fluent in any languages other than English? · You may ask the second question only as it relates to the job being sought. |
· Are you a U.S. citizen? · Where were you born? |
|
Disability |
· Are you able to perform the essential functions of this job with or without reasonable accommodation? · Show the applicant the position description so he or she can give an informed answer. |
· Are you disabled? · What is the nature or severity of your disability? |
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