What Questions Cannot Be Asked on a Job Application?
Federal anti-discrimination laws prevent employers from asking certain questions. The employer needs to have a valid reason related to work requirements to ask questions, and cannot ask questions for the purpose of screening out applicants because of race, sex, age, disability, or another federally protected category.
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Work Eligibility
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An employer must ask an applicant if he has the legal right to work in the United States. The applicant has to provide his evidence of work eligibility, such as a driver's license, a green card or a birth certificate. The employer may not ask questions such as what country the applicant's parents immigrated from or how long the applicant or the applicant's family have lived in the United States.
Disability
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An applicant with a disability also receives federal protection. The employer can only ask whether he can perform specific job tasks, or can perform job tasks with extra assistance. According to the Equal Opportunity Employment Commission, a private employer cannot ask an applicant specifically if the applicant is disabled. A government agency can ask an applicant if he is disabled, since the applicant may qualify for federal affirmative action.
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Family
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The employer may not ask personal questions about the employee's plans to have a family. For example, an employer cannot ask an applicant if she is currently pregnant, whether she plans to have kids, or how much money her husband earns. The employer is allowed to ask an employee what hours she is available for work.
Age
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An employer cannot ask for an applicant's specific age, or ask for the age of the applicant's other family members. This includes indirect questions such as whether the applicant is willing to work for a younger manager. The employer can ask the applicant to provide a full educational history, which includes the year that the applicant graduated from high school or college. The employer can also ask whether the applicant is over age 18 because of laws about hiring minors.
Religion
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The employer cannot ask questions about an applicant's religion. This includes asking whether the applicant practices a specific religion because the applicant is from a certain state or country. The employer can ask what days of the week the employee is available for work.
Specific Requests
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When an employer asks a question on a job application, the employer must ask all applicants the same question. If an employer only asks a specific applicant whether they can work on Sunday, or what year the applicant graduated from a university, this can appear discriminatory.
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