Office of Equity & Diversity
OED Toolkit: Lawful and Unlawful Questions
Ohio Civil Rights Commission
Inquiries before Hiring
|Name||Name||Inquiry into any title which indicates race, color, religion, sex, national origin, handicap, age or ancestry|
|Address||Inquiry into place and length at current address||Inquiry into any foreign addresses which would indicate national origin.|
|Age||Any inquiry limited to establishing that applicant meets any minimum age requirement that may be established by law.|
A. Requiring birth certificate or baptismal record before hiring.
B. Any inquiry which may reveal the date of high school graduation.
C. Any other inquiry which may reveal whether applicant is at least 40 years of age.
|Birthplace, National Origin, or Ancestry|
A. Any inquiry into place of birth.
B. Any inquiry into place of birth of parents, grandparents or spouse.
C. Any other inquiry into national origin or ancestry.
|Race or Color||Any inquiry which would indicate race or color|
|Sex||Any inquiry which would indicate sex.|
|Height and Weight||Inquiries as to ability to perform actual job requirements||Being a certain height or weight will not be considered to be a job requirement unless the employer can show that no employee with the ineligible height or weight could do the work.|
A. Any inquiry which would indicate or identify religious denomination or custom.
B. Request pastor’s recommendation or reference.
|Disability||Inquiries necessary to determine applicant’s ability to substantially perform specific job without significant hazard.|
A. Any inquiry into past or current medical conditions not related to position applied for.
B. Any inquiry into Worker’s Compensation or similar claims
A. Whether a U.S. citizen
B. If not, whether applicant intends to become one.
C. If U.S. Residence is legal
D. If spouse is a citizen.
E. Require proof of citizenship after being hired
F. Any other requirement mandated by the Immigration Reform and Control Act of 1986, as amended.
A. If native-born or naturalized.
B. Proof of citizenship before hiring.
C. Whether parents or spouse are native-born or naturalized.
|Photographs||May be required after hiring for identification||Require photograph before hiring.|
A. Inquiry into nature and extent of academic, professional, or vocational training.
B. Inquiry into language skills, such as reading and writing of foreign languages, if job related.
A. Any inquiry which would reveal the nationality or religious affiliation of a school.
B. Inquiry as to the mother tongue, unless it is crucial for the job in how the foreign language ability was acquired.
|Relatives||Inquiry into name, relationship and address of person to be notified in case of emergency.||Any inquiry about a relative which would be unlawful if made about the applicant.|
|Organizations||Inquiry into membership in professional organizations and offices held, excluding any organization, the name or character of which indicates the race, color, religion, sex, national origin, handicap, age or ancestry of its members.||Inquiry into every club and organization where membership is held.|
A. Inquiry into service in U.S. Armed Forces when such service is a qualification for the job.
B. Require military discharge certificate after being hired
A. Inquiry into military service in armed service of any country but U.S.
B. Request military service records.
|Work Schedule||Inquiry into willingness or ability to work required work schedule.||Any inquiry into willingness or ability to work any particular religious holidays.|
|Miscellaneous||Any questions required to reveal qualifications for the job applied for.||Any non-job related inquiry which may elicit or attempt to elicit any information concerning race, color, religion, sex, national origin, handicap, age or ancestry of an applicant for employment or membership|
|References||General personal and work references which do not reveal the race, color, religion, sex, national origin, handicap, age, ancestry of the applicant.||Request references specifically from clergymen or any other persons who might reflect race, color, religion, sex, national origin, handicap, age or ancestry of applicant.|