Age? Date of Birth?
Age based inquiries should be avoided because laws of many countries prohibit discrimination against persons age 40 and older. An age inquiry may be made to ensure a person is “old enough” to work for the job being filled, or if the job is among the few where age discrimination is permitted such as physically dangerous or hazardous work or driving a school bus.
| Example of Illegal Questions |
Possible Legal Alternatives |
- How old are you?
- When is your birthday?
- In what year were you born?
- In what year did you graduate from college/high school?
|
- Are you over the age of 18?
- Can you, after employment, provide proof of age?
|
Marital/ Family Status (often alludes to sexual orientation)
The purpose of these “family” inquiries is to explore what some employers believe is a common source of absenteeism and tardiness. Typically, these questions are asked only of women making the inquiry clearly unlawful. However, even if such inquiries are made of both men and women, the questions may still be suspect. Such information has been used to discriminate against women because of society’s general presumption that they are the primary care givers. If the employer’s concern is regular work attendance, a better question would be, “Is there anything that would interfere with regular attendance at work?”
| Example of Illegal Questions |
Possible Legal Alternatives |
- Are you married or do you have a permanent partner?
- With whom do you live?
- How many children do you have?
- Are you pregnant?
- Do you expect to have a family? When? How many children will you have?
- What are your child care arrangements?
|
- Would you be willing to relocate if necessary?
- Travel is an important part of the job. Do you have any restrictions on your ability to travel?
- Do you have responsibilities or commitments that will prevent you from meeting specified work schedules?
- Do you anticipate any absences from work on a regular basis? If so, please explain the circumstances.
|
Personal
Minimum height and weight requirements are unlawful if they screen out a disproportionate number of women or minorities. Unless the employer can show that a height or weight requirement is essential for job performance, such inquiries should be avoided.