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Illegal Pre-Employment Questions

How old are you?

Questions that suggest a preference for persons under 40 years of age are illegal.

Have you been arrested?

All questions relating to arrests are illegal.

What is your citizenship status?

Any inquiry about citizenship status is illegal, but it is fair to ask if the applicant can provide proof of citizenship by visa or alien registration number after hiring.

Tell me about all your convictions.

Questions that divulge conviction information not related to fitness to perform a particular job are illegal. Also unfair are questions not solely related to convictions or prison release within seven years of the date of job application.

How many kids do you have?

Specific inquiries about the candidate's spouse, the spouse's employment or salary, children, child care arrangements or dependents are illegal.

Are you disabled?

It is unlawful to inquire whether an applicant has a disability or to ask about the nature or severity of the disability.

How much do you weigh?

Inquiring about the candidate's height or weight when it is not related to actual job requirements is illegal.

Are you married?

Inquiries related to the applicant's marital status are illegal. Also unfair are checklists that ask the candidate to indicate a category representing marital status, such as Mr./Mrs./Miss.

May I see your military discharge papers?

Questions about military discharge, along with any requests for discharge papers and inquiries about the applicant's experience in other armed forces are illegal.

Where did your name come from?

All inquiries about a name (or its origin) that divulge marital status, lineage, ancestry, national origin or religion are illegal.

What's your nationality?

Any inquiry concerning the applicant's lineage, national origin, descent, birthplace or mother tongue are illegal. The same kinds of inquiries about the candidate's spouse are also unfair.

What kind of organizations do you belong to?

Any questions requiring the applicant to list the organizations, clubs, societies or other similar groups to which he or she may belong are illegal.

Can I take your picture?

Any request for a photograph prior to hiring is illegal.

Are you pregnant?

All inquiries regarding pregnancy, including medical history are illegal.

What race are you?

Inquiries seeking information about race, color of skin, color of hair, etc. are illegal.

Are you related to that guy?

Any inquiry about the names and addresses of the candidate's relatives that might reveal discriminatory information is illegal.

You're a Christian, right?

Questions about religious choices, including holidays observed are illegal.

Who do you live with?

Any inquiry about the names or relationship of the applicant to person with whom the applicant resides is illegal. Any question that seeks information about home ownership status is also illegal.

What is your sexual identity?

Any inquiry regarding sex is considered unfair.

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