Off Target
(Inquiries that must be avoided)

Inquiries about the name that would indicate the applicant's lineage, ancestry, national origin or descent.

To ask if a woman is a Miss, Mrs., or Ms.

To request applicant to provide maiden name.

To ask for date of citizenship or whether applicant is native-born or naturalized citizen: "Are you a US citizen?"

Inquiry directly or indirectly indicating race, color or national origin: "Of what country are you a citizen?"

To ask whether parents or spouse is native-born or naturalized: "Where were you/your parents born?"

Before hiring: to require proof of citizenship

To indicate that the institution is an equal opportunity employer

To ask whether ALL applicants are legally permitted to work in the United States. (Statement that, if hired, applicant may be required to provide proof of citizenship)

"What languages do you read, speak or write fluently?" (This question is fine, as long as this ability is relevant to the performance of the job)

After hiring: to ask race and/or national origin for Affirmative Action plan statistics

To ask applicant to fill out applicant information card for Affirmative Action plan statistics.

To ask age or age group of applicant: "How old are you?"

When did you graduate from high school/college?"

"When is your birthday?"

Before hiring: to request birth certificate or babtismal record.

Inquiry whether the applicant meets the minimum age requirement as set by law: "Are you at least 16 years old?" (To indicate minimum legal age requirement of the job for specific type of employment).

"If hired, can you furnish proof of age?"

To make inquiry which would indicate sex/gender of the applicant unless job related. (Such jobs require written state government approval).

Note: Employment cannot be restricted just because a job is traditionally labeled "men's work" or "women's work". Sex cannot be used as a factor for determining whether an applicant will be satisfied in a particular job.

To ask about sexual preference.

To indicate that the institution is an equal opportunity employer.

Note: Inquiry to sex or restriction of employment to one sex is permissible only where a bona fide occupational qualification exists.

After hiring: to ask gender for Affirmative Action plan statistics.

Before hiring: to ask marital status: "What's your marital status(married, single,divorced, engaged)?"

To ask the number and/or age of children, who cares for them, and of applicants plans to have more children.

"Whom do you live with?"

"Do you plan to have a family? When?"

"How many kids do you have?"

"What are your childcare arrangements?"

Whether an applicant can meet specified work schedules or has activities, commitments and responsibilities that may hinder the meeting or work attendance requirements: "This job requires overtime occasionally, would you be able and willing to work overtime as necessary?" (This question is fine as long as ALL applicants for the job are asked consistently).

"Would you be willing to relocate as necessary?"

After hiring: to ask marital and parental status for insurance and tax purposes and to ask name, relationship and address of person to be notified in case of emergency.

To request place and length of current and previous address.

Specific inquiry into foreign addresses that would indicate national origin.

Names and relationship of persons with whom applicant resides.

Whether applicant own or rents home.

To ask the racial or religious affiliation of schools attended.

To ask how foreign language ability was acquired

To ask whether the applicant has the academic, professional or vocational training required for the job and to ask which institution provided it.

To ask about language skills such as reading and writing foreign languages, if job related.

To ask an applicant's religion or religious customs (church, parish, pastor or religious holidays observed).

To request recommendation from church officials.

To ask height and weight, impairment or other non-performance related physical data: "How tall are you?"

"How much do you weigh?"

To require proof of ability to do manual labor,lifting and written physical requirements necessary for the job: "Are you able to lift a 50 pound weight and carry it 100 yards, as that is part of the job?" (Questions about height and weight are not acceptable unless minimum standards are essential to the safe performance of the job)

Lifting/weight requirements should be bona fide and verified through a medical/physical plan.

Before hiring: to initiate questions regarding the specific accommodation needed.

Inquire if job applicant is handicapped or ask about nature and severity of handicap: "Do you have any disability?"

"Have you had any operation or recent/past illnesses?"

"How's you and your family's health?"

"When did you loose your eyesight?"

To ask whether the applicant is capable of performing the essential functions of the job with reasonable accommodation: "Are you able to perform the essential functions of this job with or without reasonable accommodation?"

Note: This question may be asked after the interviewer thoroughly described the job and if ALL applicants are going to be asked in a consistent manner whether they are able to carry out all the necessary job assignments and perform them in a safe way. (Reasonable accommodation includes alteration of duties, alteration of physical setting and provision of aids).

ADA Compliance Office/Accommodation Resource Center

Any inquiry relating to arrests if not substantially related to functions and responsibilities of the particular job in question.

"Have you ever been arrested?"

To ask about convictions if the reason for the inquiry is a business necessity. (A conviction is a court ruling where a party is found guilty as charged. An arrest is merely the apprehending or detaining of the person to answer questions about the alleged crime).

Have you ever been convicted of____? (The crime should be reasonably related to the performance of the job in question.)

Inquiry about the type of discharge.

If you've been in the military, were you honorably discharged?

To request military service records.

To ask about military service in armed service of any other country.

To inquire into which service in the US armed forces: "In what branch of the Armed Forces did you serve?"

To ask about branch of service, rank attained and any job related experience: "What type of training or education did you receive in the military?"