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Guide to Pre-Employment Inquiries

This guide is informational only and is provided to assist you in understanding the law, but is not intended as legal advice. It is not an exhaustive compilation of all acceptable and legally prohibited pre-employment inquiries. As employment law varies from state to state, always consult your employment law attorney regarding employment laws in your state.

  May Ask  Do NOT Ask
Race  Never

 

Applicant's race or color of applicant's skin.

Photo to be affixed to CV, resume, application

Arrest Record  Never Number and kinds of arrests
Conviction Records  Inquiry into actual convictions, but ONLY if substantially related to job  Inquiries about convictions unrelated to job requirements
Military Service  Training received in the military, but only if job related


Type or condition of discharge

Veteran status

Branch of service

Religion  Never

Religious affiliation

Religious holidays observed

Availability for Work on Weekends or Evenings  If asked of all applicants and it is a business necessity for the person to be available to work weekends and/or evenings  Any inquiry about religious observance
Age

If applicant is over age 18

If applicant is over age 21, if job related

Age

Date of birth

Date of high school graduation

National Origin

Whether applicant has a legal right to be employed in the U.S.

Ability to speak/write English fluently (if job related)

Other languages spoken (if job related)

Ethnic association of a surname

Birthplace of applicant or applicant's parents

Nationality, lineage, national origin

Nationality of applicant' s spouse

Whether applicant is citizen of another country

Applicant' s native tongue/English proficiency

Maiden name (of married woman)

Citizenship Documentation to establish applicant's identity and employment eligibility.  Birthplace of applicant or any information not relevant to making employment decision.
Marital Status  Never  Whether applicant is married, single, divorced, separated, engaged, widowed
Name Whether applicant has worked under a different name where necessary to permit a check of work or education records  The original name of an applicant whose name has been legally changed or the national origin of an applicant's name
Sex  Never  Applicant's sex or gender
Family Status  Never 

Marital status

Number and age of children

Spouse's job

Health care coverage through spouse

Pregnancy Never  Any inquiry into pregnancy, medical history or family plans
Child Care  Never 

Health of children

Number or age of children

Height & Weight  Never, unless job related  Any inquiry unrelated to job requirements
Disability   Whether applicant can perform job in question

To ask applicant to list his/her disabilities

To ask if applicant has a disability

Nature or severity of disability

Whether applicant has ever filed a workers' compensation claim

Recent or past surgeries and dates

Past medical problems or history

Organizations   Applicant's membership in professional organizations if job related  Clubs, social fraternities, societies, lodges, or non-job-related organizations
Relatives/Friends  If applicant has relatives already employed by the organization  Names of friends working for the company or relatives other than those working for the company
Miscellaneous Academic, vocational, or professional schooling
Job references
Contact in case of an emergency, but not as a pretext to find out marital status
Name of pastor or religious leader
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© 2008 American Optometric Association