|
AREA OF INQUIRY |
LEGAL |
ILLEGAL |
LEGISLATION |
|
Name |
For access purposes inquiry into whether the applicant's work
records are under another name. |
-
To ask if a woman is
Miss, Mrs. or Ms.
-
To request applicant
to give maiden name or any previous name s/he has used.
|
-
Title VII of Civil
Rights Act of 1964 as amended by the Equal Opportunity Act of 1972.
-
Title VII and IX of
the Education Amendments of 1972.
-
ORC 4112.
|
|
Address/Housing |
-
To request place and
length of current and previous address
-
To ask for applicant's
phone number or how s/he can be reached.
|
|
|
|
Age |
Require proof of age by birth certificate, AFTER HIRING. |
-
To ask age or age
group of applicant.
-
To request birth
certificate or baptismal record before hiring.
|
-
Age Discrimination Act
of 1967.
-
ORC 4112.
|
|
Birthplace/
National Origin |
|
-
To ask birthplace of
applicant or that of his/her parents, grandparents and/or spouse.
-
Any other inquiry into
national origin.
|
|
|
Race/Color |
-
To indicate that the
institution is an equal opportunity employer.
-
To ask race for
affirmative action plan statistics AFTER HIRING.
|
Any inquiry that would indicate race and/or color. |
|
|
Gender |
-
To indicate that the
institution is an equal opportunity employer.
-
To ask gender for
affirmative action plan statistics AFTER HIRING.
|
To ask applicant any inquiry which would indicate gender unless
job related. (Only such jobs in education would be a full time locker room
or restroom attendant.) |
-
Title VII.
-
Title IX.
-
ORC 4112.
|
|
Religion/Creed |
|
-
To ask applicant's
religion or religious customs and/or holidays.
-
To request
recommendations from church officials.
|
|
|
Citizenship |
-
Whether a U.S.
citizen.
-
If no, whether intends
to become one.
-
If U.S. residence is
legal.
-
If spouse is a
citizen.
-
Require proof of
citizenship AFTER HIRING.
|
-
If native born or
naturalized.
-
Proof of citizenship
before hiring.
-
Whether parents and/or
spouse is native born or naturalized.
-
Date of citizenship.
|
|
|
Marital/Parental Status |
-
Married or single
status only AFTER HIRING for insurance and tax purposes.
-
Number and ages of
dependents and age of spouse AFTER HIRING for insurance and tax
purposes.
|
-
To ask marital status
before hiring.
-
To ask the number and
age of children, who cares for them and if applicant plans to have more
children.
|
-
Title VII.
-
Title IX.
-
ORC 4112.
|
|
Relatives |
To ask name, relationship and address of person to be notified
in case of emergency AFTER HIRING. |
Names of relatives working for the institution or district.
(Nepotism policies which impact disparately on one gender are illegal
under Title IX.) |
-
Title VII.
-
Title IX.
-
ORC 4112.
|
|
Military Service |
-
Inquiry into service
in U.S. armed forces.
-
Branch of service and
rank attained.
-
Any job related
experience.
-
Require military
discharge certificate after hiring.
|
-
To request military
records.
-
To ask about military
service of any country other than the U.S.
-
Type of discharge.
|
-
Title VII.
-
Title IX.
-
ORC 4112.
-
EEOC
interpretation on
Title VL.*
|
|
Education |
-
To ask what academic,
professional or vocational schools attended.
-
To ask about language
skills such as reading and writing foreign languages.
|
-
Specifically ask the
nationality, racial or religious affiliation of schools attended.
-
To ask how foreign
language ability was acquired.
|
|
|
Criminal Record |
To request listing of convictions other than misdemeanors. |
To inquire about arrests. |
|
|
References |
To request general and work references not relating to race,
color, religion, sex, national origin or ancestry. |
To request references specifically from clergy or any other
persons who might reflect race, color, religion, sex, national origin or
ancestry. |
-
Title VII.
-
Title IX.
-
ORC 4112.
|
|
Organizations |
-
To ask organizational
membership (professional, social, etc.) so long as affiliation is not
used to discriminate on the basis of race, sex, national origin or
ancestry.
-
Offices held, if any.
|
To request listing of all clubs applicant belongs to or has
belonged to. |
-
Title VII.
-
TITLE IX.
-
ORC 4112.
|
|
Photographs |
May be required AFTER HIRING for identification purposes. |
-
Request photographs
before hiring.
-
To take pictures of
applicants during interviews.
|
-
Title VII.
-
Title IX.
-
ORC 4112.
|
|
Work Schedules |
-
To ask willingness to
work required work schedule.
-
To ask if applicant
has military reservist obligations.
|
To ask willingness to work any particular religious holiday. |
|
|
Physical Data |
-
To require applicant
to prove ability to do manual labor, lifting and other physical
requirements.
-
Require a physical
examination.
|
To ask height and weight, impairment or other non specified
job-related physical data. |
|
|
Handicap |
To inquire for the purpose of determining applicant's
capability to perform the job. (Burden of proof for non-discrimination
lies with the employer.) |
To exclude handicapped applicants as a class on the basis of
their type of handicap. (Each case must be determined on an individual
basis by law.) |
-
Title IX.
-
Handicap
Discrimination Guidelines.
-
ORC 4112.
|
|
Other Qualifications |
To inquire about any area that has a direct reflection on the
job applied for. |
Any non job related inquiry that may present information
permitting unlawful discrimination. |
|