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.

 

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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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NOTE: Any inquiry, even though neutral on its face, which has an adverse impact upon persons on a basis enumerated in the Fair Employment and Housing Act (race, sex, national origin, etc.), is permissible only if it is sufficiently related to an essential job function to warrant its use. If you have any doubt about the validity of questions you wish to ask interviewees, we encourage you to check the rules and regulations that apply to interview practices in your locality.

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