What Not to Ask on Job Applications

 

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For everything you can ask someone on an application, there's at least one that you can't ask. Many of these are to protect applicants from discrimination. And, realistically, some of them are none of the employer's business. Here are some danger areas to avoid:

• Marital status. Don't have applicants "circle one: Mr. Mrs. Ms. or Miss." or in any way divulge their marital status. This merely raises discrimination issues.
• Maiden name. Asking this can bring up questions of marital status, gender, or even national origin discrimination.
• Gender. Don't ask unless you're absolutely certain that sex is a legally recognized bona fide occupational qualification for the particular job.
• Age. Generally, ask only whether the applicant is 18 years of age or older. Ask for the applicant's age only if you are certain that there is a legally recognized business justification for it.
• Birthplace. Generally, don't ask because of the possibility of national origin or immigration issues.
• Residence. "Do you rent? own? board?" Once a common question, it supposedly was a measure of stability. It may discriminate against minorities and others who tend to rent rather than own, and it's likely to be regarded as "none of your business" by many applicants.
• Relationship of person to be notified in an emergency. Don't require that the person be a relative. Better yet, don't ask the question at all until the applicant becomes an employee.
• Arrest and/or conviction records. Generally, don't ask about arrest records on a job application. You may ask about conviction records in order to protect yourself from negligent hiring claims so long as you place a statement nearby to the effect that a conviction in and of itself would not prevent hiring. Another possibility is to not ask about criminal convictions, but state that you intend to make a criminal records check (assuming you do).
• Type of discharge from military service. Some states make it unlawful to discriminate on this basis.
• Disability, health. Don't ask medical questions. Don't refer to medical or physical examinations until a conditional offer of employment has been made.
• Workers' compensation history. Regulations under the Americans with Disabilities Act (for employers with 15 employees or more) prohibit this type of questioning. Information that is necessary to collect under a state workers' compensation program for second injury funds can be gathered after an offer of employment has been made.
• Citizenship. Discrimination based on citizenship is unlawful under the Immigration Reform and Control Act of 1986. Don't ask "Are you a U.S. citizen," "Do you have a work visa?" or "Do you have a legal right to remain permanently in the U.S.?"