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Government Requirements Kit
Illegal Interview Questions Go to topics

This information is from the Pre-Employment Inquiry Guidelines brochure published by the Department of Fair Employment and Housing. We have also included a copy of their approved employment application.
Forms to use Employment Application
Name OK What is your name? Have you ever used another name? Is any additional information relative to a change of name, use of an assumed name or nickname necessary to enable a check on your work and education record? If yes, please explain.
No What is your maiden name?
Residence OK What is your place of residence?
No Do you own or rent your home?
Age OK If hired, can you provide proof of age? Are you over eighteen years of age? If under eighteen, can you, after employment, submit a work permit?
No What is your age, birthdate, when did you attend elementary or high school or any other questions which tend to identify applicants over age 40.
Citizenship OK Can you, after employment, submit verification of your legal right to work in the U.S.? Job offers may be made contingent on such proof, after a decision is made to hire the candidate.
No Where were you, your parents or other relative born? Are you a U.S. citizen? You cannot require to see naturalization papers or an alien card prior to a decision to hire.
National Origin OK If use of a language other than English is relevant to the job for which the applicant is applying, you may ask the languages the applicant speaks or writes.
No Questions on nationality, lineage, ancestry, national origin, descent, parentage of applicant or relatives, mother tongue, language commonly used by applicant, how the applicant acquired the ability to read, write or speak a foreign language.
Sex, marital status, family OK If the applicant is a minor, you may ask the name and address of a parent or guardian. If the company has a policy regarding work assignments of employees who are related, you may advise the applicant.
No Questions which indicate the applicant's sex, marital status, number or ages of children, provisions for child care, information on pregnancy, child bearing or birth control, who the applicant lives with, or the name or address of relatives, spouses or children of adult applicants.
Race, color, sexual orientation OK None
No Questions on race, color, complexion, color of skin, eyes or hair. Questions about applicant's sexual orientation.
Credit report OK Credit report inquiries which do not provide information which would otherwise be illegal to ask.
No Credit reports with information that is normally illegal to ask.
Physical appearance OK You can advise the applicant that a photograph may be required after employment.
No Questions on applicant's height or weight, requests to submit photos before employment.
Mental/physical condition, handicap OK You can make a job offer contingent on the applicant passing a job-related physical or mental examination, provided that it is job related and all applicants for the same job classification are subject to the same examination and inquiry. You can ask about physical conditions or handicaps which may limit their ability to perform the job applied for, but must also ask what can be done to accommodate the limitation.
No Questions regarding applicant's general medical condition, state of health, illnesses, receipt of workers compensation or whether applicant has any physical disabilities or handicaps.
Religion OK The employer can state the business' regular days, hours or shifts to be worked.
No Questions regarding applicant's religion or religious days observed.
Criminal record OK If the employer clearly states that the answer will not necessarily disqualify an applicant from employment, the employer may ask the applicant: have you ever been convicted of felony?
No Questions about arrest record.
Bonding OK You can advise the applicant that bonding is a condition of hire.
No Questions about bonding refusal or cancellation.
Military service OK You can ask about the relevant skills acquired during the applicant's US military service.
No Questions about date of military service, type of discharge or any foreign (non-US) military service.
Organizations, activities OK You can ask applicants to list job-related organizations, clubs, professional societies, or other associatons to which they belong, omitting, if they wish, any that indicate their race, religious creed color, national origin, ancestry, sex or age.
No List all organizations, clubs, societies and lodges to which you belong.
References OK You can ask who referred the applicant for a position and the names of persons willing to provide professional and/or character references for the applicant.
No Questions of applicant's former employers or acquaintances which elicit information about the applicant's race, color, religious creed, national origin, ancestry, physical handicap, medical condition, marital status, age or sex.
Emergency notification OK The name and address of a person to be notified in case of accident or emergency.
No The name, address and relationship of a relative to be notified in case of accident or emergency.
Questions? Call the Department of Fair Employment and Housing at (800) 884-1684 or visit http://www.dfeh.ca.gov/
 
 
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