What shift do you prefer? (also, how do you feel about
overtime?) For an interviewer to conduct a lawful employment
interview, the employer must demonstrate job related
necessity for asking the questions. The intent of the
question is important and the Equal Employment Opportunity
Commission (EEOC) will look at the relevancy to determine if
discrimination has incurred.
| SUBJECT |
ACCEPTABLE |
UNACCEPTABLE |
| Disability |
Applicants may be asked about their ability to
perform specific job functions. |
Employers may not ask job applicants about the
existence, nature, or severity of a disability
before an offer of employment has been made. |
| Name |
Have you ever worked for this company under a
different name? Is any 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, explain. |
Original name of applicant whose name has been
changed by court or otherwise. If you ever worked
under another name, state name and dates. |
| Address or Duration of Residence |
Applicant’s place of residence. |
|
| Photograph |
May be required after hiring for identification. |
Requirement or option that applicant affix a
photograph to employment form at any time before
hiring. |
| Citizenship |
Are you authorized to work in the United States? |
Whether an applicant is naturalized or a
native-born citizen; the date when the applicant
acquired citizenship. Birthplace of applicant.
Birthplace of applicant’s parents, spouse, or other
close relatives. |
| Education |
Inquiry into applicant’s academic, vocational,
or professional education and the public and private
schools attended. |
|
| Experience |
Inquiry into work experience. |
|
| Relatives |
Names of applicant’s relatives, other than
spouse, already employed by a company. |
Names, addresses, ages, number or other
information concerning applicant’s spouse, children
or other relatives not employed by a company. |
| Notice In Case of Emergency |
Names of persons to be notified. |
Name and address of person to be notified in
case of accident or emergency. |
| Military Experience |
Inquiry into applicant’s military experience in
the United States or in a State Militia. Inquiry
into applicant’s service in particular branch of
United States Army, Navy, etc. |
Inquiry into applicant’s general military
experience. |
| Organization |
Inquiry into applicant’s membership in an
organization which the applicant considers relevant
to his or her ability to perform the job. |
List all clubs, societies, and lodges to which
you belong. |
| Religion or Creed |
|
Inquiries into applicant’s religious
denomination, religious affiliations, church,
parish, pastor, or religious holidays observed.
Applicant may not to be told, “This is a (Catholic,
Protestant, or Jewish) organization.” |
| Race, National Origin, or Languages |
What languages do you read, speak, or write
fluently? (only if pertinent to or required for the
job in question). |
Inquiry into applicant’s lineage, ancestry,
national origin, descent, parentage, nationality,
race, or color. What is your native language?
Inquiry into how applicant acquired ability to read,
write, or speak a foreign language. Nationality of
applicant’s parents or spouse. What is your mother’s
tongue? |
| Sex |
|
Inquiry as to sex. Do you wish to be addressed
as Mr.?, Mrs.? or Ms.? |
| Marital Status |
Can you meet specified work schedules, or do you
have activities, commitments, or responsibilities
that may hinder the meeting of work requirements? |
Are you married? Are you single? Divorced?
Separated? Engaged? Name or other information about
spouse. Where does your spouse work? What are the
ages of your children, if any? Who will care for
your children when you work? |
| Birth Control |
|
Inquiry as to capacity to reproduce, advocacy of
any form of birth control or family planning. |
| Age or Date of Birth |
Are you over 18? |
How old are you? What is your date of birth?
Requirement that applicant submit birth certificate,
naturalization or baptismal record. Requirement that
applicant produce proof of age in the form
baptismal. |
| Arrest Records |
Have you ever been convicted of a crime? (Give
details*) |
Have you ever been arrested? |
* An applicant may not be denied employment because of a
conviction record unless there is a direct relationship
between the offense and the job or unless hiring would be an
unreasonable risk. An ex-offender denied employment is
entitled to a statement of the reasons for such denial.
Correction Law, Article 23-A, 6754
