Unlawful Inquiries: Sex, Race, Residence, Birthplace
Employers may not make inquiries in the following areas:
Gender (the state of being male or female)
- Gender of the applicant.
- Any other inquiry that would indicate gender.
- Name or relationship of persons with whom applicant resides.
- Gender cannot be used as a factor to determine whether or not an applicant will be satisfied in a particular job.
Gender is not a bona fide occupational qualification even if a job involves physical labor (such as lifting) beyond the capacity of some women. Employment cannot be restricted to a particular gender just because the job is traditionally labeled “men’s work” or “women’s work.”
Applicant's Race
- Color of applicant’s skin, eyes, hair, etc., or other questions directly or indirectly indicating race or color.
- Applicant’s height or weight where it is not relative to the job.
Address
- Specific inquiry into foreign addresses that would indicate national origin.
- Names or relationship of persons with whom applicant resides.
- Whether applicant owns or rents home.
- Whether applicant has an automobile.
Birthplace
- Birthplace of applicant.
- Birthplace of applicant’s parents, spouse or other relatives.
- Requirement that applicant submit a birth certificate, naturalization or baptismal record before employment.
- Any other inquiry into national origin.