Discrimination
Federal employment laws mandate that employers make employment-related decisions without reference to an individual’s age, sex, race, color, national origin, religion, disability, veteran status or other protected status. Hiring decisions and assignment placements should never be based on such factors. In addition, some state and local laws have added other protected categories, including sexual orientation, marital status and conviction record. Interviews—Proper vs. Improper Questions Federal employment laws mandate that employers make hiring decisions without considering an individual’s age, sex, race, color, national origin, religion, disability, veteran status or other protected status. As such, there are three basic rules that should be followed when asking pre-screening and interview questions: 1. The questions must be job-related; 2. The questions may not directly or indirectly relate to any protected characteristics; and 3. All candidates must be treated in a consistent manner. The following is a table of representative acceptable and non-acceptable terminology. Please note that this list is not all inclusive.
|
Subject |
You May Ask |
Do Not Ask |
|
Name |
Whether applicant has ever worked under different name |
Original name of applicant whose name has been legally changed |
|
Age |
No appropriate questions unless BFOQ (rare) |
Date of birth Proof of age in form of birth certificate/baptismal record Do not comment on the applicant’s youthful or mature appearance |
|
Birthplace and Residence |
No appropriate questions |
Birthplace of applicant Birthplace of applicant’s parents Birth certificate |
|
Race or Color |
No appropriate questions |
Applicant’s race or color or applicant’s skin |
|
National Origin and Ancestry |
No appropriate questions |
Applicant’s lineage, ancestry, national origin, descendants, parentage, or nationality Nationality of applicant’s parents or spouse “Do you have a foreign accent?” |
|
Sex |
No appropriate questions |
Sex of applicant |
|
Marital and Family Status |
Ability to work overtime or on weekends (if needed) |
Marital status Dependents of applicant Childcare arrangements |
|
Citizenship |
Whether applicant has right to work in the United States |
“What country are you a citizen of?” “Are you a U.S. citizen?” |
|
Language |
Language(s) applicant speaks/writes fluently (if job related) |
Applicant’s “mother tongue” Language commonly used by applicant at home |
