Pre-Employment Inquiry Guide

ANCESTRY/

NATIONAL ORIGIN

• Whether applicant is a U.S. citizen.
• Whether applicant is legally eligible to work or remain permanently in the U.S.
• Compliance with IRCA of 1986.
• Language applicant speaks (if job related).
• Applicant’s current address.
• How long applicant has lived in this State or City.
• List of membership organizations applicant feels are relevant to the position.
• U.S. military experience

• Nationality, lineage, ancestry, descent, or birthplace of applicant or relatives.
• Applicant’s native or primary language.
• How applicant acquired the ability to read, write, or speak a foreign language.
• Maiden or former name (unless necessary to check references).
• Photograph with application.
• How long applicant has lived in the U.S.
• List of all clubs, social fraternities, societies, lodges, or organizations.
• Foreign military experience.

• Whether applicant is under 18 years of age; if so, applicant's age.

• Other questions about date of birth or age.
• Dates of graduation from educational institutions.
• Questions asked only of a particular age group, e.g., asking only older applicants about health status.
• Photograph with application.

• Whether applicant is able to perform the essential functions of the job, including attendance requirements, if provided with reasonable accommodations for religious reasons.
• List of educational institutions.

• Religious denomination, affiliation, place of worship, religious leaders, or religious holidays observed.
• Name of religious leader as reference.
• Whether applicant can work on a particular religious holiday.
• Religious affiliation of educational institutions.

• Race of applicant or relatives.
• Complexion or color of skin or eyes.
• Photograph with application.
• Arrest record.

• Whether applicant has a spouse/significant other/partner that works for employer

• Whether applicant is pregnant, has children, or plans to have children.
• Marital status.
• Maiden name.
• Questions asked only of one sex but not of the other, e.g., asking only women about childcare.
• Inquiry into height or weight.

SEXUAL

ORIENTATION

• Whether applicant has a spouse/significant other/partner that works for employer.

• Sexual orientation, gender identity, or gender expression of applicant.
• Relationship between household members.
• Marital status.
• Name of spouse or significant other.
• Photograph with application.

• Whether applicant is able to perform the essential functions of the job, including attendance requirements, if provided with reasonable accommodations for disability-related reasons.
• For food handling positions, whether applicant has a listed infectious or communicable disease that is transmitted to others through the handling of food.

• Whether applicant has or has had any physical or mental impairments, disabilities, or health conditions.
• Whether applicant has or has had an alcohol or drug addiction problem.
• Whether applicant needs a reasonable accommodation in order to perform the job.
• Type of military discharge generally, although employer may ask whether applicant received an honorable discharge.
• Inquiry into height or weight.

WORKERS'

COMPENSATION

• Whether applicant ever violated a workplace safety rule.

• Whether applicant ever received or applied for workers’ compensation benefits.
• Whether applicant has ever been injured on the job.

• Whether applicant ever reported violations of law by an employer.
• Whether applicant ever reported safety concerns about an employer.
• Whether applicant has ever been asked by an employer to do something that was illegal or unsafe and how applicant responded