|
ITEM |
AVOID |
PERMISSIBLE |
|
AGE |
Age, birth certificate, date of high school or college graduation. |
Whether candidate meets minimum or maximum age requirement that is a bona fide occupational qualification. |
|
ALCOHOL OR DRUG USE |
Whether candidate is an alcoholic or has been addicted to drugs in the past. |
Whether candidate currently uses illegal drugs or has used illegal drugs in the past. |
|
ARREST RECORD |
Inquiries about arrests. |
None (may have a disparate impact on certain minority groups). |
|
CITIZENSHIP |
Whether candidate is a U.S. citizen. |
Whether candidate is legally eligible to work in the U.S. |
|
CONVICTION RECORD |
Inquiries relating to convictions that are not relevant to the job being applied for. |
Convictions that reasonably relate to performing the job in question. Consider the nature and number of convictions, facts surrounding each offense, and length of time since the last conviction. |
|
DISABILITIES |
Questions designed to elicit information about a disability. |
How candidate would perform the job and whether the candidate could perform the job with or without accommodation. |
|
HEIGHT OR WEIGHT REQUIREMENTS |
Height or weight requirements not related to job. |
Height or weight requirements necessary for the job. |
|
MARITAL AND FAMILY STATUS |
Questions about marital status, childcare, number of children, or pregnancy. |
Questions about whether candidate can meet work schedule. Ask all questions to candidates of both sexes. |
|
NAME |
Inquiries about national origin, ancestry, or prior marital status. |
Whether candidate has ever worked under a different name. |
|
NATIONAL ORIGIN |
Lineage, ancestry, descent, native language, birthplace, and national origin of spouse or parents. |
Whether candidate is legally eligible to work in the U.S. and can communicate well enough to perform the job’s essential functions. |
|
RACE OR COLOR |
Complexion or color of skin. |
None. |
|
RELIGION |
Religious preference or affiliation, except at religiously affiliated institutions when hiring faculty or ministerial positions that further the institution’s religious mission. |
Whether candidate can meet the work schedule with reasonable accommodation, if necessary. |
|
SEX |
Candidate’s sex, where sex is not a bona fide occupational qualification. |
Candidate’s sex, where it is a bona fide occupational qualification, such as actor, actress, or locker room attendant. |