Permissible & Impermissible Questions/Inquiries Subject Permissible Impermissible Age Can only make inquires related to the Cannot ask an applicant to state minimum age requirements, if hiring a their age and/or date of birth minor Cannot inquire how old an applicant is Cannot use terms such “younger” or “older” Birthplace None Cannot make any inquiry regarding national origin Citizenship Can only make inquires of whether or not Cannot ask if someone has a if hired, would they be able to show proof green card of authorization to work in the U.S Cannot request an applicant’s -If asked of one applicant, must be asked date of citizenship of all applicants Cannot request proof of -For verifying authorization after being citizenship or work authorization hired, applicants must be allowed to before hiring (done after offer) Cannot inquire about a spouse or choose from any of the approved forms of parent’s birthplace proof available on the I-9 form Convictions and Arrests Can inquire about convictions for acts of Cannot ask about any arrests dishonesty or breach of trust if there is a (arrests are different from clear job-related reason for obtaining the convictions and are not required information to be disclosed) -If of one applicant, must be asked of all applicants -This is often dealt with through a comprehensive background check or conviction self-disclosure form that would ask about any crime convictions Disability (impairment Can only on an applicant’s ability to Cannot ask if applicant has a that substantially limits perform required job duties and not the disability or inquiry as to the a major life activity; a disability itself nature of their disability, medical record of such, or is Can ask an applicant if they think they examinations, or any regarded as having would be able to perform the essential information such an impairment) functions of the job with or without Cannot ask if applicant has ever accommodation been hospitalized, formerly used -If accommodation is requested because or been addicted to illegal drugs of a disability, call HR/AA for specifics or alcohol, treated for mental Applicants with disabilities can be tested illness, or filed worker’s in the pre-offer stage compensation claim -If asked of one applicant, must be asked Cannot impose an of all applicants accommodation upon a candidate that has not specifically asked for one
Permissible & Impermissible Questions/Inquiries Subject Permissible Impermissible Age Can only make inquires related to the minimum age requirements, if hiring a minor Cannot ask an applicant to state their age and/or date of birth Cannot inquire how old an applicant is Cannot use terms such “younger” or “older” Birthplace None Cannot make any inquiry regarding national origin Citizenship Can only make inquires of whether or not if hired, would they be able to show proof of authorization to work in the U.S -If asked of one applicant, must be asked of all applicants -For verifying authorization after being hired, applicants must be allowed to choose from any of the approved forms of proof available on the I-9 form Cannot ask if someone has a green card Cannot request an applicant’s date of citizenship Cannot request proof of citizenship or work authorization before hiring (done after offer) Cannot inquire about a spouse or parent’s birthplace Convictions and Arrests Can inquire about convictions for acts of dishonesty or breach of trust if there is a clear job-related reason for obtaining the information -If of one applicant, must be asked of all applicants -This is often dealt with through a comprehensive background check or conviction self-disclosure form that would ask about any crime convictions Cannot ask about any arrests (arrests are different from convictions and are not required to be disclosed) Disability (impairment that substantially limits a major life activity; a record of such, or is regarded as having such an impairment) Can only on an applicant’s ability to perform required job duties and not the disability itself Can ask an applicant if they think they would be able to perform the essential functions of the job with or without accommodation -If accommodation is requested because of a disability, call HR/AA for specifics Applicants with disabilities can be tested in the pre-offer stage -If asked of one applicant, must be asked of all applicants Cannot ask if applicant has a disability or inquiry as to the nature of their disability, medical examinations, or any information Cannot ask if applicant has ever been hospitalized, formerly used or been addicted to illegal drugs or alcohol, treated for mental illness, or filed worker’s compensation claim Cannot impose an accommodation upon a candidate that has not specifically asked for one
SCO%20packet%20materials%2010.2016.docx