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Asking an applicant questions prohibited by the Equal Employment Opportunity Act during preemployment
interviews could open the door for a job candidate to take legal action against the District. The following guideline
outlines the questions that are appropriate and those that should be avoided.
You Cannot Ask:
A. Any question that would indicate race or color;
B. Any question that would indicate gender, unless job-related;
C. Applicant's religion or religious customs and holidays; recommendations from church officials;
D. If applicant, spouse, or parents are native-born or naturalized; date of citizenship; or for other proof of
citizenship before hiring; (Proof of citizenship required on I-9 form)
E. Marital status before hiring, the number and age of children, who cares for them, and if applicant plans to
have more;
F. To see military service records; about military service with any country other than U.S.;
G. Nationality, racial, or religious affiliation of school attended;
H. How foreign language ability was acquired;
I. Inquiries about arrests, (as contrasted with convictions), except pending charges (see below at F.);
J. Listing of all clubs to which the applicant belongs or has belonged;
K. That a candidate provide a photograph before hiring or that one be taken during an interview;
L. Height and weight or physical/mental characteristics which do not relate directly to the job specifications;
M. Whether applicant lives with a disabled individual (whether related or not);
N. Whether applicant plans to marry or plans to have a family;
O. Whether applicant has any military obligations.
You Can Ask:
A. For applicant's current and previous address; phone number;
B. Whether applicant is eighteen (18) years of age or older;
C. Whether the applicant is lawfully authorized to work in the United States;
D. If applicant has served in the U.S. armed forces including branch of service and rank attained; job-related
experience acquired in the military;
E. Academic, professional, or vocational school attended; language skills such as reading and writing, foreign
languages, grades, degrees, majors, etc.;
F. Criminal convictions; any pending felony charges; any misdemeanor charge related to sexual conduct or
assault or abuse of a child;
G. Personal and professional and other work references not relating to race, color, religion, gender, national
origin, or ancestry;
H. Professional and social organization membership, so long as affiliation does not identify and is not used to
discriminate on the basis of gender, race, national origin, or ancestry;
I. Willingness to perform job functions;
J. Willingness to work required work schedule and under prescribed working conditions.
After Hiring, You May Obtain:
A. Marital status and number/age of dependents for insurance and tax purposes;
B. Proof of age;
C. Status of citizenship (I-9 Form);
D. Race, if done pursuant to required or approved affirmative action plan and maintained separately from
applicant file;
E. A copy of military discharge certificate.
Approved/Adopted: July 13, 2009 Revised: August 29, 2011 |
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