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May Ask
(questions are job related)
Shouldn’t Ask
(questions are not job related)
Sexual
Orientation
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
applicants.
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.
Disability
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
needed.
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
offer.
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
counselor?
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
made.
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
citizen?
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?