Page 11 - May/June 2019 W.C.T. Magazine

verify identity and eligibility to work in the United States and to complete the required employment eligibility verification form upon hire.”
5) About the applicant’s race:
The EEOC states that “Employers should not request information that discloses or tends to disclose an applicant’s race unless it has a legitimate business need for such information. If an employer legitimately needs information about its employees’ or applicants’ race for affirmative action purposes and/or to track applicant flow, it may obtain the necessary information and simultaneously guard against discriminatory selection by using a mechanism, such as “tear-off” sheets. This allows the employer to separate the race-related information used to determine if a person is qualified for the job. Asking for race-related information on the telephone could probably never be justified.”
6) About the applicant’s religion you may not ask any questions during the pre-hiring process. Once the applicant’s hired,
you may ask if any religious accommodations need to be made.
7) About the applicant’s gender, number of children, and marital status:
Per the EEOC, “Questions about an applicant’s sex, (unless it is a bona fide occupational qualification (BFOQ) and is essential to a particular position or occupation), pregnancy, medical history or pregnancy, future child bearing plans, number and/or ages of children or dependents, provisions for child care, abortions, birth control, ability to reproduce, and name or address of spouse or children are generally viewed as non job-related and problematic under Title VII.
Any pre-employment inquiry in connection with prospective
employment expressing or implying limitations or special treatment because of sex (unless based upon BFOQ) or any inquiry made of members of one sex and not the other , is similar troublesome.
Generally, employers should not use non job-related questions involving marital status, number and/ or ages of children or dependents, or names of spouses or children of the applicant. Such inquires may be asked after an employment off has been made and accepted if needed for insurance or other legitimate business purposes.”
8) About the applicant’s sexual orientation you may not ask any questions before or after the applicant is hired.
9) About the applicant’s disability you MAY ask:
What accommodation might be necessary to help you perform this job? (You may not disqualify someone because he or she needs to have special accommodations.) After making a conditional job offer, an employer may ask any disability-related question or require a medical examination as long as all individuals selected for the same job are asked the same questions or made to take the same examination.
You may NOT ask:
Do you have a disability?
Have you been tested for AIDS
(or any other medical disease)? Why are you in a wheelchair? How severe is your disability?
(Unless it might be impossible to perform the job safely and efficiently with that disability.)
10) About the applicant’s military service you MAY ask:
Do you wish to voluntarily identify yourself as a veteran for reporting purposes? (Must be asked of all applicants.)
You may NOT ask:
Have you ever served with a branch of the U.S. Armed Forces?
MAY - JUNEn9 (Unless this question directly relates
to the present job.)
Did you receive an honorable
discharge?
Are you a military reservist?
11) About the applicant’s arrest record you MAY ask:
Have you ever been convicted of a felony?
What here the exact charges? When were you convicted?
Did you undergo rehabilitative
counseling?
You may NOT ask:
Have you ever been arrested?
(Being arrested does not mean a person committed a crime.)
12) About the applicant’s memberships you MAY ask:
Do you belong to any relevant professional or trade organizations?
You may NOT ask:
To what religious, political, or social clubs do you belong?
Sometimes it is not the question that is illegal, but how it is asked. For example, asking about a person’s race, gender, disability, or veteran status is illegal. However, if all applicants are asked wither they would voluntarily identify themselves as members of these groups for reporting purposes only, then it is allowed. “It must be understood that when asked for voluntary disclosure, the employer must inform the applicant in writing or orally if no written questionnaire is used that (1) the information is being requested as part of the employer’s affirmative action program; (2) providing the information is voluntary; (3) failure to provide it will not subject the applicant to any adverse treatment; and (4) the information will be kept confidential and only used in a way that complies with the federal law. (This information must be kept in a file separate from the employee’s personal file.)” n
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