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May Ask

(questions are job related)

Shouldn’t Ask

(questions are not job related)



If an applicant asks about domestic partner

benefits, you may provide the information.

However, if you will be discussing benefit

information with applicants, the domestic

partner benefit should be discussed with all


You should not make assumptions about an

applicant’s sexual orientation based on

mannerisms or dress. Since an applicant’s sexual

orientation cannot be used as a factor in their

evaluation, you should avoid comments that would

lead the applicant to believe otherwise including

comments about your own sexual orientation or

the sexual orientation of others in the department.

Are you married? What is the name of a relative

to be notified in case of emergency? (Emergency

notification can only be asked post-hire).

We no longer offer domestic partner benefits.


Are you able to perform the duties of the job

with or without accommodation?

If the applicant indicates that he or she can

perform the tasks with an accommodation,

you may ask what accommodations would be


Now that you have heard the hours, leave

policies, and other requirements of this

position, do you feel you will be able to meet

these requirements?

How many days were you absent from work

last year? Should only be if being asked of

all applicants.

An employer may make medical inquiries or

require a medical examination of all

candidates at the stage of a conditional job


An applicant’s visible or non-visible disability

cannot be a factor in their evaluation. Avoid

comments that would lead them to believe it is a

factor such as: That’s a noticeable limp. Those

are very thick glasses. You get around really well

for being in a wheelchair.

Are you in good health?

Do you have any physical disabilities that prevent

you from performing this kind of work?

Will you require time off because of your

disability or for treatment? What is the prognosis

for your condition?

Please list any conditions or diseases you were

treated for in the last three years.

How many days were you absent last year because

of illness?

Have you ever been treated by a psychiatrist or


Do you provide care for family members relatives

who are disabled? Will this require time off?

National Origin

Are you legally eligible to work in the

United States? An applicant will be required

to verify this after the conditional offer is


Inquiry into languages applicants speak or

write fluently if it is a requirement of the job.

Are you proficient in speaking and writing in

English? Should only be asked if asked of

all applicants.

Where were you born? Of what country are you a


Is your last name German? You have quite an

Irish accent.

I see you speak Spanish. Did you learn that in

your native country or in school?