Legal Guidelines for Pre-Employment Inquiries

SUBJECT  

GENERALLY ACCEPTABLE INQUIRIES

INADVISABLE INQUIRIES

NAME

What is your full name? Have you ever worked under a different name?

What was your maiden name? What was your previous name, if different from what it is now?

ADDRESS/ DURATION OF RESIDENCE 

What is your current address?

How long have your resided at this address (unless clearly necessary for security checks)? 

AGE

Are you 18 years old or older? If not, do you have an appropriate work permit if required? 

How old are you? When were you born? When did you graduate from high school? 

CITIZENSHIP/ NATIONAL ORIGIN 

Are you legally authorized to work in the United States? Do you have the necessary documents for our I-9 forms? 

Where were you born? What is your mother tongue? What are your parents' nationalities? Are you a naturalized or native born citizen? 

EDUCATION 

Where did you go to school? What was the last year you completed? Did you graduate? With what degrees (if relevant to the job)? 

When did you graduate? What was your school's (racial, ethnic, religious) affiliation?
 

SPECIAL SKILLS OR QUALIFICATIONS

Do you have any special skills or qualifications for the job, such as typing, licenses, language, computers, etc. (if relevant to the job)?

Do you have a license from the ________ Union? What is your native language?

EXPERIENCE

What employers have you worked for? When? Job Title(s)? Pay Rates? Did you have any disciplinary problems? What was your reason for leaving? Your supervisor's name?

CRIMINAL RECORD

Have you ever been convicted of a crime? If so, describe the circumstances. (Depending on the answer, the employer should consider the timeliness and materiality of the conviction to the job at issue.) (In some states employers may want to ask: "Have you received any verdict other than not guilty?")

Have you ever been arrested?

HEALTH/WORKERS COMPENSATION

Are you able to perform the essential functions of the position for which you applied with or without reasonable accommodation?

Do you have any physical or mental handicaps? Have you ever been treated for the following diseases? Have you ever applied for workers compensation?

HEIGHT/WEIGHT/ APPEARANCE

Rarely any.

How tall are you? How much do you weigh? Please submit a photograph.

MARITAL STATUS/ PREGNANCY/ SEXUAL PREFERENCE

None, other than general questions such as: Are you available to work during the times required for the job for which you have applied?

Are you single or married? Do you have children? Is it Miss or Mrs.? Do you plan to have children? Are you pregnant? Are you a homosexual?

MILITARY SERVICE

Have you served in the U.S. Armed Forces or any state militia?

Have you performed any military service and if so, where?

ORGANIZATIONS

Are you a member of any organizations which you feel would be relevant to the performance of your job, excluding any organization which may reveal the race, religion, sex, or national origin of its members?

Do you belong to any clubs or other organizations? Do you belong to a union? Which political party do you belong to?

POLYGRAPHS

None, in many jurisdictions.

Will you voluntarily consent to taking a lie detector test?

REFERENCES

Who referred you to our organization? Please provide the names of references for us to contact.

Do you have a minister whom we could contact for a reference?