Prohibited Questions for Job Applications

Federal law prohibits discrimination in hiring based on many factors.

Finding great employees challenges even the best companies, which is why many companies ask penetrating questions on application forms in the hopes of eliminating poor candidates early in the hiring process. However, federal law prohibits a prospective employer from asking a wide range of questions that may lead to discriminatory hiring practices.

Are You a U.S. Citizen?

Because a person's citizenship or immigration status cannot be legally considered during the hiring process, questions regarding a job applicant's citizenship are also prohibited. Only after a job offer has been extended to an individual can questions regarding citizenship be asked.

What Race Are You?

Under no circumstances is an employer permitted to ask job applicants about their race in regards to a job application. Discrimination in hiring based upon race is a violation of Title VII of the Civil Rights Act of 1964.

How Old Are You?

While employers are permitted to ask job applicants if they are over the age of 18, they cannot ask individuals for their age, or ask any question designed to solicit their age. This prohibition prevents older employees from suffering age discrimination in favor of younger workers.

What Is Your Religion?

Asking an individual about his religion is strictly prohibited, as discrimination on the basis of religion is prohibited under Title VII of the Civil Rights Act of 1964. Even questions such as, "Do you attend church?" or "Do you have a place of worship?" are prohibited in the hiring process.

Have You Ever Been Arrested?

Any question related to an applicant's arrest record is prohibited, as arrests without convictions are considered irrelevant to hiring by federal law. Also prohibited are questions about convictions that do not directly pertain to the job being applied for.

Are You Single or Married?

Any questions designed to solicit your marital status are prohibited by law in order to prevent married persons from being discriminated against on the basis of their potential availability for undesirable work hours. Even questions such as, "Are you a Miss or Mrs.?" are prohibited.

Are You Pregnant or Planning To Get Pregnant?

Discrimination in hiring based upon a pregnancy, planned pregnancy, a pregnancy-related condition or upon the possible use of leave under the Family Medical Leave Act is forbidden by the Pregnancy Discrimination Act.

What Is Your Credit History or Rating?

Potential employers are permitted to ask questions regarding an applicant's credit history if it relates to the job being applied for, but employers may not ask questions relating to bank accounts, credit accounts or credit histories that are unrelated to the job.

Do You Smoke or Drink?

Potential employers cannot directly ask job applicants if they smoke or drink because smoking and drinking are legal activities to engage in. However, they can ask if an applicant has even been disciplined for violating a previous employer's policy on drugs and alcohol in the workplace.

Are You Disabled?

Under the Americans With Disabilities Act of 1990, employers cannot refuse employment to any job candidates based upon a recognized disability, whether physical or mental. What's more, federal law requires that employers make reasonable accommodations so individuals with disabilities can apply for jobs.

References

• Vitrolenta: 8 Things Employers Aren't Allowed to Ask You
• FreeAdvice: What Questions Are Off-Limits on an Employment Application or When Conducting a Job Interview?
• UNC Charlotte: Guidelines for Interviewing Job Applicants
• EEOC: Federal Laws Prohibiting Job Discrimination Questions and Answers