Employment Process Manual, Guide to Pre-Employment Inquiries; Federal Guidelines
| Acceptable | Subject | Unacceptable |
|---|---|---|
| Statement that hire is subject to verification that candidate meets minimum legal age requirement (if applicable). | Age | Age, birth date, graduation date, questions which tend to identify applicants over 40. |
| "Can you provide verification of your legal right to work in the United States?" Statement that such proof will be required after offer of employment. | Birthplace, Citizenship | Birthplace of candidate, candidate's parents, spouse, or other relatives."Are you a U.S. citizen?" or citizenship of candidate's parents, spouse, or other relatives. |
| Languages candidate reads, speaks, or writes, other than English (if relevant to the position). | National Origin | Questions as to nationality, lineage, ancestry, national origin, descent or parentage of candidate, candidate's parents or spouse."What is your native language?" How candidate acquired ability to read, write or speak a foreign language. |
| None. | Gender | Questions which indicate candidate's gender (or sexual orientation in some states and municipalities). |
| Statement of Firm policy regarding work assignments of employees who are related (if applicable). | Marital or Family Status | Questions which indicate candidate's marital status. Number and/or ages of children or dependents. Provisions for childcare. Questions regarding pregnancy or childbearing. |
| None. | Race/Color | Questions as to candidate's race. Questions regarding candidate's complexion or color of skin, eyes, hair. |
| Statement by employer that offer may be made contingent on candidate passing a job-related physical examination. Statement by employer of regular workdays, normal hours or shift to be worked. "Can you fulfill the schedule requirements?" | Physical Conditions/Disabilities Religion | Questions regarding candidate's general medical condition, state of health or illness. "Do you have any physical disability or challenges?" Questions regarding candidate's religion. Religious days observed or "Does your religion prevent you from working weekends or holidays?" |
| "Have you ever been convicted of a felony or (within a specified time period) a misdemeanor which resulted in imprisonment?" (Such a question must be accompanied by a statement that a conviction will not necessarily disqualify the candidate from the specific position for which he or she has applied.) | Arrest/Criminal Record | Arrest record or "Have you ever been arrested?" |
| Questions regarding relevant skills acquired during candidate's U.S. military service. | Military Service | General questions regarding military service, such as dates and types of discharge. "Have you served in the U.S. Armed Forces?" |
| None. | Economic Status | Questions regarding candidate's current or past assets, liabilities or credit rating, including bankruptcy or garnishments. |
| Job-related organizations to which you belong. Please list professional organizations or community achievements that influenced your professional development. | Organizations, Social Interests | "List all organizations, clubs, societies, and lodges to which you belong." |
| "Who referred you for a position with our Firm?" Names of persons willing to provide professional and/or character references for candidate. | References | Questions of candidate's former employers or acquaintances which elicit information specifying the applicant's race, color, religious creed, national origin, ancestry, disability, medical condition, marital status, age, gender, or sexual orientation. |