Guide to Discriminatory Questions One of the best ways to make sure that your employment and selection process is fair and free from discrimination is to develop written, job-related questions focusing on a person’s skills and abilities in relation to the position. Questions about a candidate's race, sex, marital status, disability, etc. are unlawful and must not be included in the employment process. The following table shows examples of lawful and unlawful questions to further help you in conducting pre-employment interviews in a non-discriminatory way. LAWFUL QUESTIONS UNLAWFUL QUESTIONS Age Age Can you provide proof of age for the How old are you? purposes of legal requirements? (i.e. relevant What is your date of birth? to junior employees) How do you feel about working for a person younger/older than you? Marital status or family responsibilities Marital status or family responsibilities Nothing. Do you have plans for having children/family? Employers may ask if applicants have any What are your marriage plans? commitments or responsibilities preventing What does your spouse do? them from meeting attendance requirements What happens if you or your spouse gets or if they anticipate lengthy work absences. transferred or needs to relocate? If this question is asked of one applicant then How would you feel working for a all applicants should be asked. woman/man? Residence Residence What is your present address? Do you own or rent? Who should we contact in case of emergency? What are the names of the persons living with you? Religion Religion Employers may ask about the applicant’s What is your religion? willingness to work the required days and What church do you attend? hours. Do you hold any religious beliefs that would prevent you from working certain days of the week? National origin National origin After making a conditional offer, an employer Where were you born? may inform the job applicant that s/he will Where were your parents born? Of what country are you a citizen?
Guide to Discriminatory Questions One of the best ways to make sure that your employment and selection process is fair and free from discrimination is to develop written, job-related questions focusing on a person’s skills and abilities in relation to the position. Questions about a candidate's race, sex, marital status, disability, etc. are unlawful and must not be included in the employment process. The following table shows examples of lawful and unlawful questions to further help you in conducting pre-employment interviews in a non-discriminatory way. LAWFUL QUESTIONS UNLAWFUL QUESTIONS Age Age Can you provide proof of age for the purposes of legal requirements? (i.e. relevant to junior employees) How old are you? What is your date of birth? How do you feel about working for a person younger/older than you? Marital status or family responsibilities Marital status or family responsibilities Nothing. Employers may ask if applicants have any commitments or responsibilities preventing them from meeting attendance requirements or if they anticipate lengthy work absences. If this question is asked of one applicant then all applicants should be asked. Do you have plans for having children/family? What are your marriage plans? What does your spouse do? What happens if you or your spouse gets transferred or needs to relocate? How would you feel working for a woman/man? Residence Residence What is your present address? Who should we contact in case of emergency? Do you own or rent? What are the names of the persons living with you? Religion Employers may ask about the applicant’s willingness to work the required days and hours. Religion What is your religion? What church do you attend? Do you hold any religious beliefs that would prevent you from working certain days of the week? National origin National origin After making a conditional offer, an employer may inform the job applicant that s/he will Where were you born? Where were your parents born? Of what country are you a citizen?
guide-to-discriminatory-questions.docx