Human Resources

Recruitment Handbook

Recruitment Process

Legal vs Illegal Pre-Employment Questions

Subject	Fair and Legal	Unfair and Illegal
Age	Birth date and proof of true age. "If a minor, require proof of age in the form of a work permit or a certificate of age. Inquiry as to whether the applicant meets the minimum age requirements as set by law and indication, that, on hiring, proof of age must be submitted in the form of a birth certificate or other forms of proof of age. If age is a legal requirement: "If hired, can you furnish proof of age?"	Any question which implies a preference for employees under age 40. Requirement that applicant state age, date of birth or provide proof of age in the form of birth certificate, etc. unless a minor.
Arrests and Convictions	Arrests: none. Convictions: It is permissible to inquire only about convictions which relate reasonably to fitness to perform the particular job being applied for. (A conviction is a court ruling where the party is found guilty as charged. An arrest is merely the apprehending or detaining of the person to answer the alleged crime.)	Any inquiry relating to arrests. Inquiries about a conviction for an offense that does not relate reasonably to fitness to perform the particular job.
Children See Family	Whether an applicant has children or dependents is irrelevant, but you can ask, "Can you meet the work schedule requirements?"	Statements such as "Do you have any children?" and "How many?"
Citizenship	Applicant's eligibility for U.S. employment and the applicant's ability to provide identification and eligibility verification as required by the immigration and naturalization service.	Whether applicant is a citizen. Any inquiry into citizenship which divulges applicant's ancestry, national origin, birthplace, or present citizenship. It is also illegal to require a birth certificate or naturalization records before hiring.
Credit or Finances	None.	Questions on credit, finances, or garnishments.
Disabilities	It is permissible to request job-related information; for example, whether applicant has certain specific disabilities which relate reasonably to fitness to perform the particular job. "Do you need any assistance or accommodation during this interview?"	Overt questions which could tend to divulge disabilities or health conditions which do not relate reasonably to fitness to perform the particular job. For example, "Do you have or have you ever had a disability? Did you need assistance or accommodation on your last job?"
Family	Applicant's ability to meet specific work requirements such as specific work schedules, travel, and attendance.	Specific inquiries concerning spouse, spouse's employment or salary, children, childcare arrangements, or other dependents.
Height and Weight	Questions concerning the ability to perform actual job requirements. (Being a certain height or weight is not a requirement unless the employer can show that an employee with an ineligible height and weight could not do the work because of height and weight.)	All inquiries that are not based on actual job requirements.
Language	If proficiency of a language is a job requirement, "What language(s) do you read, write, and speak fluently?" may be asked.	Inquiries about an applicants native tongue. Inquiry as to how foreign language ability was acquired.
Marital Status	None.	Whether the applicant is married, single, divorced, separated, engaged, or widowed.
Military	Questions about education, training, or work experience acquired in the armed forced of the United States. Questions about type and dates of discharge may be asked about U.S. military service if an applicant claims veteran's preference.	Type or condition of military discharge. Whether applicant has experience in other U.S. armed forces.
Name	Whether applicant has worked for NDSCS under a different name and if so, what name. Name applicant is known to references. "Is any additional information relative to a change of name, use of a nickname necessary to enable a check on your work or educational record? If yes, explain."	Questions about original name if the name has been changed by court order or marriage. Inquiries which could divulge marital status, lineage, ancestry, national origin, or descent.
National Origin	Questions about other language skills if those skills are job requirements.	Inquiries into applicant's lineage, ancestry, national origin, descent, birthplace, or native tongue. Inquiries about national origin of applicant's parents or spouse.
Organizations	Questions about job-related organization membership unless the organization membership is an indication of race, color, creed, sex, marital status, or national origin.	Requirements that the applicant list all organizations, clubs, societies, and lodges to which he or she belongs.
Photographs	None. Indicate that this may be required after hiring for identification.	Mandatory or optional request that applicant must submit photo.
Race	None.	Any inquiries concerning race or color of skin, hair, eyes, etc.
Relatives	Names of applicant's relatives currently employed at NDSCS. Name and address of parents or guardian of minor applicant.	Names and addresses of any relative of an adult applicant other than those employed at NDSCS.
Religion or Creed	None. An applicant may be advised on normal work hours and days of work required by the job to avoid possible conflict with religious or other personal convictions.	Inquiries concerning applicants religious denomination or affiliation, church, parish, pastor, or religious holidays observed. Applicants may not be told that any particular religious groups are required to work on their religious holidays.
Residence	Mailing address and telephone number. Inquiry into place and length of current and previous address.	Names or relationships of people living with applicant. Whether applicant owns or rents a home. Specific inquiry into foreign addresses that would indicate national origin.
Sex	None.	All inquiries. Any questions that would elicit information about sexual orientation or that could be used in allegation of discrimination.
Experience	Applicant's work experience, including names, addresses of previous employers, dates of employment, reasons for leaving, salary history. Other countries visited.
References	By whom were you referred to a position here? Names of persons willing to provide professional and/or character references for applicant.	Require the submission of a religious reference. Request references from an applicant's pastor.
Miscellaneous	Notice to applicants that any misstatements or omissions of material facts in the application may be cause for dismissal.
Education	Applicant's academic, vocational or professional education: school attended.	Any inquiry asking specifically the nationality, racial affiliations or religious affiliation of school. Any inquiry that could indicate age of applicant.
Drug or Alcohol	The College does not allow the use of alcohol or illegal drugs on campus or while on college business off-campus. Will you be able to comply with this policy?	Any inquiry as to whether they have ever been treated for alcoholism or drug addiction or prior use. Any inquiry to use of prescription drugs or whether they smoke.
Illnesses or Injury	You may ask "Have you ever been involved in an on-the-job accident that injured co-workers or members of the public."	You can not ask if they have ever had a work injury or ever filed a worker's compensation claim. You can not ask if they have ever had a serious illness (aids, mental illness, back problems, etc) or if they need medical or disability insurance?