Unlawful Inquiries: Religion, Military, Photo, Citizenship, Education, Conviction
Employers may not make inquiries in the following areas:
Religion
- Applicant’s religion (affiliation, church, parish, pastor or religious holidays).
- Applicants may not be told that any particular religious groups are required to work on their religious holidays.
- Any inquiry to indicate or identify religious denomination or customs.
Military
- Current military status.
- Type or condition of military discharge.
- Applicants experience in other US armed forces.
- Request for discharge papers.
Photo
- Request for a photograph before hiring.
- Requirement that applicant affix a photograph to the application.
- Request the applicant, at his/her option, submit photograph.
- Requirement of photograph after interview but before hiring.
Citizenship
- Are you a citizen of the US?
- Of what country are you a citizen?
- Whether applicant or his/her parents or spouse are naturalized or native-born U.S. citizens.
- Date that applicant or parents or spouse acquired a U.S. citizenship.
- Requirement that applicant produce his/her naturalization papers.
- Whether applicant’s parents or spouse are citizens or the U.S.
Ancestry of National Origin
- Inquiries into applicant’s lineage or ancestry, national origin, descent, birthplace or native language.
- Asking how applicant acquired the ability to speak, read or write a foreign language.
- National origin, descent, birthplace or native language of applicant’s parents or spouse.
Education
- Any inquiry asking specifically the nationality, racial or religious affiliation of a school.
- Inquiry as to the applicant’s native language or how foreign language ability was acquired.
Conviction
- Any inquiry relating to arrests.
- Asking or checking into a person’s arrest.
- Court or conviction record if not substantially related to functions and responsibilities of the prospective employment.