ADDRESS/ RESIDENCE

"Can you be reached at this address? If not, would you care to leave another?"

"Can you be reached at these telephone numbers? If not, would you care to leave another?"

"Do you own your home or rent?"

"Do you live with your spouse?"

"With whom do you live?"

AGE

Only questions that verify non-minor status; i.e., "Are you over 18?" "If hired can you show proof of age?" "If under 18, can you after employment, submit a work permit?"

"How old are you?"

"What is your date of birth?"

"What is your age?"

"When were you born?"

Dates of attendance or completion of elementary or high school.

Any questions which imply a preference for persons under 40 years of age.

AIDS/HIV

"Are you able to perform the essential functions of the job applied for either with or without a reasonable accommodation? Yes or No?"

Any question that is likely to illicit information regarding whether an applicant (or current employee) has AIDS/ HIV.

ARRESTS & CONVICTIONS

Have you ever been convicted of a criminal offense? Do not include convictions that were sealed, eradicated or expunged, or convictions that resulted in referral to a diversion program. (Note: Convictions will not necessarily disqualify you from employment. Factors such as the age and time of the offense, the seriousness and nature of the violation, and rehabilitation will be considered when making any employment decisions).

"Are there any criminal charges currently pending against you?"

Employers should check state law with respect to restrictions on criminal history inquiries.

Any question regarding an arrest that did not result in a conviction.

Any question regarding criminal records that have been sealed, eradicated or expunged.

CITIZENSHIP/ BIRTHPLACE

"Are you authorized to work in the U.S.? If hired, you will be required to submit verification of your legal right to work in the United States."

BUT do not ask only foreign?looking or foreign-sounding applicants.

"Are you a United States citizen?"

"Where were you born?"

Or any questions regarding birthplace or citizenship status of applicant, applicant's spouse or other relatives.

COLOR OR RACE

Statement that photograph may be required after employment.

Any questions concerning race or color of skin, eyes, hair, etc.

Should not require applicant to affix a photograph to application nor should applicant be given the option of attaching a photograph.

COURT RECORDS (see also "Arrests & Convictions," above)

"Has a court, jury or government agency ever made a finding you committed unlawful harassment or discrimination?"

"Have you ever had a bankruptcy?"

"Have you ever sued or filed claims or complaints against your employer?"

"Have you ever been a plaintiff in a lawsuit?"

DISABILITY

"Can you, with or without reasonable accommodation, perform the essential duties of the job(s) for which you are applying (see attached job description)?"

"Are you currently able to perform the essential duties of the job(s) for which you are applying?"

If the disability is obvious, or disclosed, you may ask about accommodations.

Statement by employer that offer may be contingent on applicant's passing a job-related physical examination.

"Are you disabled?"

An employer MAY NOT make any medical inquiry or conduct any medical examination prior to making a conditional offer of employment.

"Have you ever filed for or received workers' compensation?" ^[1]

What medical problems the applicant may have.

The amount of sick time or medical leave taken at last job.

DRUG USE

Current use of illegal drugs.

Recent use of illegal drugs.

Questions about past addictions.

Use of prescription drugs.

Frequency of alcohol use.

EDUCATION

"Are you presently enrolled or do you intend to enroll in school?"

"What subjects did you excel in at school?"

"Did you participate in extracurricular activities?"

"What did you select as your major?"

"Did you work an outside job while attending school? Doing what? What did you like/ dislike about your part-time job during school?"

"Are you interested in continuing your education? Why? When? Where?"

"Did your education prepare you for the job you are seeking with us? In what ways?"

"Who paid for your educational expenses while you were in school?"

"Did you go to school on a scholarship?"

"Do you still owe on student loans taken out during school?"

"When did you graduate from high school?"

EXPERIENCE, SKILLS & ACTIVITIES

"Do you have any special skills or knowledge?"

"Are your skills recent?"

"When did you last use a calculator (or any other machine or skill)?"

"Do you enjoy being active in community affairs?"

"Are there any activities which have provided you with experience, training, or skills which you feel would be helpful to a position with us?"

"How will your involvement in [activity] affect your work here?"

"Does your physical condition make you less skilled?"

FAMILY

"Do you have any commitments which would prevent you from working regular hours?"

"Can you work overtime, if needed?"

"Are you now or do you expect to be engaged in any other business or employment? If 'yes,' what kind of business or employment is it? How much time does it require?"

"How many children do you have?"

"Who takes care of your children while you are working?"

"Do your children go to day care?"

"What does your husband think about your working outside the home?"

"What does your husband (or wife) do?"

"What is your husband's (or wife's) salary?"

Name of spouse or children of applicant.

MARITAL STATUS

"Please state the name(s) of any relatives already employed by this company or a competitor."

"Whom should we contact in case of an emergency?"

"Is it Mrs. or Miss?"

"Are you single? Married? Divorced? Separated? Engaged? Widowed?"

"What is your maiden name?"

Identity of applicant's spouse.

MILITARY SERVICE

"Have you served in the U.S. military?"

"Did your military service and training provide you with skills you could put to use in this job?

"Have you served in the army of a foreign country?"

"What type of discharge did you receive from the U.S. military service?"

"Can you provide discharge papers?"

NAME

"Have you ever used another name?" or, "Is any additional information relative to change of name, use of an assumed name, or nickname necessary to enable a check on your work and educational record? If yes, please explain."

"What is your maiden name?"

NATIONAL ORIGIN

In order to comply with the Federal Immigration Reform and Control Act of 1986, you can ask:

"Are you prevented from being employed in the United States because of your visa or immigration status?"

"What is your national origin?"

"Where were you born?"

"What is the origin of your name?"

"What is your native language?"

"What country do your ancestors come from?"

"Do you read, write, or speak Korean (or another foreign language, unless based on job requirements)?"

How applicant acquired the ability to read, write or speak a foreign language.

Or any other questions as to nationality, lineage, ancestry, national origin, descent or parentage of applicant, applicant's parents or spouse.

NOTICE IN CASE OF EMERGENCY

Name and address of person to be notified in case of accident or emergency.

Name and address of relative to be notified in case of accident or emergency.

ORGANIZATIONS

About any organization memberships, excluding any organization of which the name or character indicates the race, color, creed, sex, marital status, religion, national origin, or ancestry of its members:

"Do you enjoy being active in community affairs?"

For a list of all organizations, clubs, societies, and lodges to which the applicant belongs.

PHOTOGRAPHS

For a photograph after hiring for identification purposes.

Any applicant to submit a photograph whether mandatory or optional before hiring.

PHYSICAL OR MENTAL CONDITION, DISABILITY

"Can you, with or without reasonable accommodation, perform the essential duties of the job(s) for which you are applying (see attached job description)?"

"Are you currently able to perform the essential duties of the job(s) for which you are applying?"

Statement by employer that offer may be made contingent on applicant's passing a job-related physical examination.

"Do you have any physical disabilities or handicaps?"

Questions regarding applicant's general medical condition, state of health, or illnesses.

Questions regarding receipt of workers' compensation.

PREGNANCY

"How long do you plan to stay on the job?"

"Are you currently able to perform the essential duties of the job(s) for which you are applying?"

"Are you pregnant?"

"When was your most recent pregnancy terminated?"

"Do you plan to become pregnant?"

Any questions about medical history concerning pregnancy and related matters.

PRIOR EMPLOYMENT

"How did you overcome problems you faced there?"

"Which problems frustrated you the most?"

"Of the jobs indicated on your application, which did you enjoy the most, and why?"

"What were your reasons for leaving your last job?"

"Have you ever been discharged from any position? If so, for what reason?"

"Can you meet the attendance requirements of the job?"

"How many sick days did you take at your old job?"

"Did you file any claims against your former employer?"

"Have you sustained any work?related injury?"

REFERENCES

"By whom were you referred for a position here?"

Names of persons willing to provide professional and/or character references for applicant.

Questions put to applicant's former employers or acquaintances that elicit information specifying the applicant's race, color, religion, national origin, disability, age or sex.

RELIGION OR CREED

Statement by employer of regular days, hours or shifts to be worked.

"Are you available to work on weekends?" (if this is a legitimate question)

"What is your religion?"

"What church do you go to?"

"What are your religious holidays?"

"Does your religion prevent you from working weekends or holidays?"

SEXUAL ORIENTATION OR PREFERENCE

"Are you a homosexual?"

"Do you have a domestic partner?"

"What is your view regarding same-sex partner benefits."