How to Understand What Information a Employer Can Legally Require From an Employee

The Equal Employment Opportunity Commission (EEOC) ensures that all employers adhere to federal antidiscrimination laws. According to its rules, there are certain questions that employers may not ask job applicants. Follow these steps to stay within the law.

Things You'll Need

• Internet access
• Computer

Instructions

Understand the Information You Can Legally Acquire From Your Employees

1. Examine the EEOC's Web site (see Resources below). The site details which questions you are specifically prohibited from asking during the hiring process.

2. Avoid asking questions that do not directly pertain to the applicant's qualifications and availability. Don't ask about religious affiliation, marital status and sexual orientation, among other things.

3. Run your company's employment application by a qualified business law attorney. The attorney can tell you if any questions on the form violate EEOC guidelines. An attorney also can identify which questions you may ask under current federal law. Find a qualified attorney from the American Bar Association (see Resources below).

Tips & Warnings

• The EEOC specifies that employers keep solicited resumés on file for at least a year, but makes no such requirements regarding unsolicited resumés.

• Be careful in your resumé retention practices. If you keep some unsolicited resumés and throw away others, you could open yourself up to a discrimination claim.