Subject Can Be Asked Can’t Be Asked
Citizenship If you are not a u.s. citizen, do you have a legal right to work in and remain in the U.S.? If hired, can you provide proof of citizenship, visa, or alien registration number? Are you a citizen of the United States? (Varies by state.) Are your parents or spouse citizens of the U.S.? On what date did you, your parents or your spouse acquire citizenship?
National Origin/ Ancestry What foreign languages do you speak, read, and write fluently? (If job related) Do you have a special familiarity with any foreign country? What is the nature of that familiarity? (If yes to above) What is your nationality / lineage / ancestry / national origin / descent or parentage? How did you acquire the familiarity with a foreign country? What is your tongue? National origin of your parents or spouse.
Work Schedule, Traveling, Family Situation. Do you have any family, business, health or social obligations that would prevent you from working consistently, working overtime, or traveling? Are there any reasons you would not consistently arrive for work on time and according to the company’s (location’s) work schedule? Any questions related to children, age of the children, or other subject which is likely to be perceived by applicants, especially women, as discriminatory. Specific question regarding spouse’s employment or salary, children, child care arrangements, or dependants.
Photograph May be requested after hiring for identification purposes. Request that you submit photograph, mandatory or at your option at any time before hiring (unless you are a model.)
Name Have you ever worked for this company under a different name? Is any additional information about a change of name, use of an assumed name or nickname necessary to enable a check on your work and educational record? If your name has been legally changed what was your former name? Any questions about your name that would indicate marital status, lineage / ancestry / national origin / descent. Questions about your original name where it has been changed by court order
Organizations To what organizations, clubs, societies and lodges do you belong excluding those whose names or character would reveal the race, religious creed, color, national origin or ancestry or its members? What office held, if any? Broad, general questions concerning membership in organizations, clubs, societies, and lodges such as: Do you belong to a church? What Temple do you attend?
Military Record Did you have any education or experience in the service that related to this particular job? Type of or condition of military discharge. Your experience in other that U.S. armed forces. Request for discharge papers.
Physical Condition Do you have any physical conditions, which may limit your ability to perform the job applied for? Do you need any special accommodations to perform the job applied for? Explain how you would go about doing the job applied for. How many days did you lose from work (or school) during the past year (or other period of time)? Do you have a temporary disability that will require absence from work for an extended period? Do you have any physical disabilities? What is your handicap? What is the prognosis of your handicap? Have you had any recent serious illness? General inquiries which would tend to divulge handicaps or health conditions which do not relate reasonably to fitness to perform the job.
Education Questions related to academic, vocational, or professional education of an applicant, including schools attended, degrees / diplomas received, dates of graduation, and course of study. If job relevant, questions about foreign language skills such as reading, speaking and writing foreign languages. Any question asking specifically about the nationality, racial, or religious affiliation of a school you attended.
Experience Questions related to applicant’s work history. Questions related to applicants military experience in the armed forces of the U.S. or in state militia (U.S.), which are job related. Broad, general question that appear to “fish” for information, not related to a job, such as: “What kind of problems did you have in the military?”
Character / Arrests / Convictions Have you ever been convicted of any crime? If so, when, where, and disposition of case? Have you been convicted under any criminal law within the past five years (excluding minor traffic violations)? Is there a relation between the offenses for which you were convicted and the type of job for which you are applying which would affect your fitness to perform the job? Have you ever been arrested? Have you ever been convicted of a crime as a juvenile?
Age Are you under 18 years of age or over 70? If hired, can you furnish proof of age? Any questions which tends to identify age of applicants between 18 & 70. Any inquiry, which implies a preference for persons less than 40 years of age.
Religion/Creed None Do you attend religious services? What is your religious denomination? What religious holidays do you observe?
Sex None What are your plans regarding having children in the future?
Marital Status None Whether you are married, single, divorced, separated, engaged, widowed or living with someone.
Race/Color None Any question which refers directly or indirectly to race or color of skin, hair or eyes.
Credit Rating/ Financial Status None Any questions regarding credit rating, garnishment or wages, bankruptcy, etc.
Pregnancy To males and females alike: How long do you intend to stay on the job or what absences do you anticipate? All questions as to pregnancy, and medical history concerning pregnancy and related matter.
Height/Weight Is there anything about your height or weight that you feel would limit your ability to fulfill the job requirements? Any questions about height and weight which are not based on the job requirements.
Residence What is your address? Whether you own or rent your own home.

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