SUBJECT

ACCEPTABLE

UNLAWFUL

Address or Duration of Residence

To request a current address.

To request a current telephone number or how the applicant can otherwise be reached.

To ask if they own their own home or rent it: live in an apartment or a house.

To ask specifically about a foreign address as indicating national origin.

To ask for the name and relationship of the person with whom the applicant resides.

Age

Are you between the ages of 18 and 65?  If not, state your age,

Are you under 18 years of age or older?

If the applicant may be a minor, you may ask…

Do you have proof of age in the form of a work permit or certification of age?

To ask age or age group.

How old are you?

What is your birth date?

What are the ages of your children, if any?

To express a preference for a certain age, or age related characteristics unless validated for job relatedness.

Birth Control

NONE

Inquiry as to the capacity to produce, advocacy of any form of birth control or family planning

Birth Date

NONE

Requirement that applicant produce proof of age in the form of birth certificate or baptismal record.

Birthplace

NONE

Inquiry as to birthplace of applicant, applicant’s parents, spouse, or other close relatives.

If you are not a United States citizen do you have the legal rights to remain permanently in the United States?

Do you intend to remain permanently in the United States?

Requirement that the  applicant state whether he or she has ever been arrested or interned as an enemy alien.

Of what country are you a citizen?

Whether an applicant is naturalized or a native born citizen; the date when the applicant acquired citizenship.

Requirement that the applicant produce naturalization papers.

Whether applicant’s parents or spouse are naturalized or native born citizens of the United States; the date when such parents or spouse were naturalized.

Conviction

Inquiry into actual convictions that reasonably relate to performing the particular job.

Inquiries into arrests, court or conviction records not reasonable related to the job or working conditions at issue.

Disability/Handicap

Inviting an applicant to voluntarily identify needed accommodations for job performance or affirmative action purposes.

After a statement has been made regarding the essential job functions and the working conditions, may ask…

Are you able to perform the essential functions of this job?

To ask applicants whether they have a disability or about the nature or severity of their disability (except through voluntary self-identification for affirmative action purposes).

Have you ever been treated for any disease or illness?

Do you have now or have you ever had a drug/alcohol problem?

Driver’s License
(If required for position)

Do you possess a valid NJ Driver’s License?  Requirement that the applicant produce a driver’s license

If not job related

Education

Inquiry into the applicant’s academic, vocational, or professional education and the public or private schools attended. 

Inquiries into detailed work experience.

Inquiry as to graduation dates alone may suggest possible age discrimination

To ask the nationality, racial or religious affiliation of the school(s) attended

Language/English Requirement

If job related…

Inquiry into language applicant speaks and writes fluently

What is your native language?

Any inquiries into how an applicant acquired the ability to read, write, or speak a foreign language.

Marital/Parental Status

None except those required under Federal regulations regarding independence, if applicable (if minor).

Can you meet the specified work schedule or do you have activities, commitments, or responsibilities that may hinder you from meeting work attendance requirements?

Are you able to work overtime?

Do you see any reasons why you would not be able to travel for business reasons?

Are you married? Single?  Divorced? Separated?

Do you plan to marry and have children?

Name or other information about spouse.

What are the ages of your children? 

What will you do if your children get sick?

Do you have childcare, if so what type?

Military

Inquiry into applicant’s military experience in the Armed Forces of the U.S.

Inquiry into an applicant’s job-related activities in a particular branch of the service.

A statement should accompany inquiries regarding military service that a dishonorable discharge is not an absolute bar to employment and that other factors will affect final decision.

To ask the type of discharge.

Did you receive a dishonorable discharge?

To inquire into military service in a country other than the United States.

Name

Have you ever worked for this company under a different name?

Is additional information relative to change of name, use of an assumed name or nickname necessary to enable a check on your work record?  If yes, please explain.

Original names of an applicant whose names have been changed by court order or otherwise.

Maiden name of a married woman.

If you’ve ever worked under another name, state name, dates and address.

National Origin

NONE

Any inquiry into applicant’s lineage, ancestry, national origin, descent, parentage, or nationality.

Nationality of applicant’s parents or spouse.

What is your primary language?

Notice in Case of Emergency

Name and address of person to be notified in case of an accident or emergency.

Any questions to ascertain this person’s age, relationship, ethnicity, etc.

Organizations

To ask for memberships in professional organizations that the applicant considers relevant to ability to perform the job.

To ask about offices held in organizations, if any.

To request a listing of all organizations, clubs, societies and lodges to which the applicant belongs currently or in the past, if not relevant to the job.

Other Qualifications

To inquire about any area that directly reflects on the applicant’s ability to perform the job under relevant working conditions

Any non-job related inquiry that elicits information to be used for unlawful discriminatory purposes.

Parental Status

To ask whether an applicant can meet required work schedules and attendance rules

To ask about the number or age of children, childcare arrangements, planned pregnancies of applicants.

To ask a question of both females and males about how long they plan to stay on the job or anticipated absences.

Photograph

Photographs may be required after hiring for identification purposes.

Requirement or option that an applicant affixes a photograph to employment form at any time before hiring.

Race or Color

None prior to hire.

Inquiry into complexion or color of skin.

Are you Puerto Rican (or other nationality)?

What is your ethnicity?

What is your AA/EEO status?

References

To ask by whom the applicant was referred.

To ask names of professional and personal references.

To request references specifically from clergy or any other person(s) that would reflect race, sex, age, national origin, religion, marital status, or general medical conditions, disability or ancestry.

Relatives

Name and address of parents or guardians of minor applicants.

Name, relationship, and address of person to be notified in case of an emergency, after hiring.

Name of applicant’s relatives already employed by the company.

Number, names, addresses and ages of applicant’s spouse, children or relatives not employed by the company.

Religion or Creed

After a statement of regular workdays, normal hours or schedule to be worked in fulfilling the requirements of the job, ask…

Does this present a problem?  If yes, what are they, for purposes of assessing any accommodation based on business needs?

Any inquiry into an applicant’s religious denomination, or religious affiliations, church, parish, pastor, or religious holidays observed. 

To request recommendations from officials of religious institutions (not job related)

Applicant may not be told…

 “This is a (Catholic, Protestant, or Jewish, etc.) organization/department.

Sex

To state the company is an Equal Opportunity/Affirmative Action employer.

To express language that encourages women to apply.

To express gender as a bona fide occupational qualification if valid (such as for locker room attendance in a women’s or men’s locker room)

Inquiry as to sex or gender.

Do you wish to be addressed as Mrs., Miss, or Ms.?

Any inquiry regarding sexual orientation

Sexual Orientation

To state that the organization’s policy prohibits discrimination on the basis of sexual orientation.

To ask an applicant to identify his/her sexual orientation.

Spouse

NONE

To ask name or other information about spouse.

Work Schedule

To ask whether willing and able to work the required work schedule.

To ascertain whether the applicant has military obligations requiring known absences, if for nondiscriminatory purposes.

To ask whether willing to work on specific religious holidays.

To ask about potential conflicts in work schedules associated with medical treatments for a known or suspected disability or medical condition.

Worker’s Compensation

To ask whether a person will be able to perform the essential functions of the job as described.

To inquire whether the applicant has ever submitted a claim for or received workers’ compensation for a work related injury.