Pre-Employment Inquiry Guidelines

Permissible Inquiries: Only inquiries related to minimum age requirements set by law; if required as a Bona Fide Occupational Qualification (BFOQ)  

Inquiries That Must Be Avoided: 

• The requirement that the applicant state age or date of birth.

• “How old are you?”

• "We are looking for someone who can relate with younger students.”

• To request applicant produce proof of age (birth certificate, baptismal record, etc.)

Permissible Inquiries: Permissible to ask about convictions for crimes that bear a direct relationship to the job. Consult with your Employment Specialist on any concerns prior to discussion with the candidate.

Inquiries That Must be Avoided: 

• Asking for disclosure of arrest, or inquiry related to arrest.

• To look into the criminal background without express written consent from the candidate.

Permissible Inquiries: 

• Permissible of all candidates: “If hired into the position, would you be able to show proof of work authorization in the United States?”

• Permissible of all candidates as a follow-up if not currently authorized to work in the U.S.: “Will you require sponsorship?” 

Inquiries That Must be Avoided:

• Asking if the person “has a green card.”

• Date of citizenship.

• Asking for proof of citizenship or work authorization before hiring (this is handled after offer is extended and accepted)

• Whether spouse or parents are naturalized or native-born U.S. citizens

Permissible Inquiries:

None

Inquiries That Must be Avoided:

Inquiries regarding the number and ages of children; what child care arrangements have been made; family planning

(Has an impairment that substantially limits a major life activity; a record of such, or is regarded as having an impairment)

Permissible Inquiries: 

• Permissible: “Can you perform the essential functions of the job with or without an accommodation?”             

• Persons with disabilities can be tested at the pre-offer stage, but only if all applicants are tested.

Inquiries That Must be Avoided: 

• If the applicant has a disability, has ever been hospitalized, formerly used or been addicted to illegal drugs or alcohol, treated for mental illness, or filed worker’s compensation claim.

• To ask for medical examinations or any disability related information.

• To impose an accommodation upon a candidate that has not specifically asked for one.

Permissible Inquiries: 

• None at the pre-employment stage

• Will you be available to work evenings and weekends if needed?  

• To ask if the applicant is: single, married, divorced, widowed, etc.; Mr., Mrs., Miss, Ms. (OK after hiring for tax purposes)

• Inquiries regarding the names and ages of spouse or children

• Any inquiry concerning pregnancy

Permissible Inquiries: 

• Any job-related experience

• Type of education and experience in the U.S. Armed Services as it relates to a particular job

Inquiries That Must be Avoided:

• Military or reserves service records

• Military service for any country other than U.S.

• Type of discharge

Permissible Inquiries: 

Inquiries regarding memberships in job-related clubs and organizations. Applicants may omit those that reveal the race, religion, age, sex, disability, etc. of the applicant. 

Inquiries That Must be Avoided: 

Requesting the names of all organizations, clubs, and associations to which the applicant belongs. Inquiries regarding how the applicant spends his/her spare time.

Permissible Inquiries: 

Languages, travel or cultural experiences as they relate to job requirements

Inquiries That Must be Avoided: 

• Birthplace of the applicant, parents, grandparents, or spouse

• Any other inquiry into national origin or ancestry

Permissible Inquiries: 

Inquiries regarding memberships in job-related clubs and organizations. Applicants may omit those that reveal the race, religion, age, sex, disability, etc. of the applicant.

Inquiries That Must be Avoided:

Requesting the names of all organizations, clubs, and associations to which the applicant belongs.  Inquiries regarding how the applicant spends his/her spare time.

Permissible Inquiries: 

None

Inquiries That Must be Avoided: 

Any inquiry directly or indirectly that would indicate race or color, including the color of eyes, hair, skin, or other feature

Permissible Inquiries: 

None; After hiring, it is permissible to discuss accommodations for religious practice if the employee requests an accommodation.

Inquiries That Must be Avoided: 

• Recommendations of references from church officials

• Any inquiry that would indicate religion or creed, such as “What religious holidays do you observe” or “What church do you go to?”

Permissible Inquiries: 

None

Inquiries That Must be Avoided: 

Have you ever brought charges or filed a grievance against a former employer?

Permissible Inquiries: 

None

Inquiries That Must be Avoided: 

• Any inquiry that would indicate sex, unless a bona fide occupational qualification (BFOQ)

• To ask if the applicant is expecting, planning a family, or uses birth control

Permissible Inquiries: 

None

Inquiries That Must be Avoided: 

Any inquiry concerning an applicant's heterosexuality, homosexuality, or bisexuality

Permissible Inquiries: 

None

Inquiries That Must be Avoided: 

Any inquiry regarding the history of applicant or family member’s medical history