EEOC Pre-Employment Queries

Lawful and Unlawful Pre-Employment Queries Based on EEOC Guidelines
 

SUBJECT

LAWFUL QUESTIONS

UNLAWFUL QUESTIONS
NAME   Applicant’s full name.                         

Have you ever worked for this company under another name?  

Is any additional information relative to a different name necessary to check your work history? If yes, explain.  

 Original name of applicant whose name has been changed by court order or otherwise.

Applicant’s maiden name.  
ADDRESS   How long a resident of state/city?    
BIRTHPLACE    Birthplace of applicant.

Birthplace of applicant’s relatives, parents, spouse, etc.

Requirements that applicant submit birth certificate, naturalization papers, baptismal record.  
AGE   Are you 18 years or older?

*This question may be asked only for the purpose of determining whether applicants are of legal age for employment.

How old are you?

What is your date of birth?  
RELIGION OR CREED     Inquiring into religious denomination affiliation, church, synagogue, pastor, parish, or religious holidays observed.

May not be told, “This is primarily a (Catholic, Protestant, Jewish) organization.”  
RACE/COLOR     Complexion or color of skin.  
PHOTOGRAPH   Requirement for photo before hiring.  
HEIGHT/WEIGHT   Any question regarding same.  
MARITAL STATUS Is your spouse employed by this employer? Requirement  that an applicant provide any information regarding marital status or children.

Are you single or married?

Do you have any children?

Is your spouse employed?

What is your spouse's name?
SEX     Mr., Miss, Mrs., Ms., or inquiry regarding sex. 

Inquiry as to the ability to reproduce or advocacy of any form of birth control.

Requirement that women give pelvic examinations.  
HANDICAP/DISABILITY Can you perform the essential duties of the job in which you wish to be employed, with or without  accommodation? Inquiries regarding an individual's physical or mental condition which are not directly related to the requirements of a specific job and which are used as a factor in making employment decisions in a way which is contrary to the provisions or purposes of the Michigan Handicappers' Civil Rights Act.  
CITIZENSHIP Do you have the appropriate employment authorization to work in the United States?

(To avoid discrimination based on national origin, the questions below should be asked AFTER the individual has been hired, even if it is related to the Federal I-9 process.)

If not a citizen of the United States, does applicant intend to become a citizen of the United States?

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

Do you intend to remain permanently in the United States? 

(Questions below are unlawful, unless asked as part of the Federal I-9 process.)

Of what country are you a citizen?

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

Requirement that an applicant produce naturalization papers or first papers.

Whether applicant’s parents or spouse are naturalized or native born citizens of the United States; the date when such parent or spouse acquired citizenship.  
NATIONAL ORIGIN Inquiry into languages applicant speaks and writes fluently.   Inquiry into applicant’s lineage, ancestry, national origin, descent, parentage or nationality, unless pursuant to the Federal I-9 Process.

Nationality of applicant's parent or spouse.

Inquiry into how applicant acquired ability to read, write or speak a foreign language. 
EDUCATION Inquiry into academic, vocational, professional education of an applicant and the public and private schools attended.    
EXPERIENCE Inquiry into work experience. 

Inquiry into countries applicant has visited.  

  
ARRESTS Have you ever been convicted of a crime? 

Are there any felony charges pending against you?  

 Inquiry regarding arrests, which did not result in conviction.  (Except for law enforcement agencies.)
RELATIVES   Names of applicant’s relatives already employed by this company.   Address of any relative of applicant, other than address (within the United States) of applicant's father or mother, husband or wife and minor dependent children.  
NOTICE IN CASE OF EMERGENCY Name and address of person to be notified in case of accident or emergency. Name and address of nearest relative to be notified in case of emergency.
ORGANIZATIONS  Inquiry into the organizations of which applicant is a member, excluding names or characters which indicate race, color, religion, national origin, or ancestry of its members.   List all clubs and societies to which you belong.  

THE OPERABLE QUESTION IN ALL INTERVIEWS IS: 

"IS THE QUESTION JOB-RELATED?"  IF NOT, THEN DON’T ASK IT!