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Lawful and Unlawful Inquiries
It is unlawful to ask questions whose answers will indirectly reveal
information as to race, creed, national origin, sex, marital status,
parental status, birth control, disability, age or arrest record in
cases where such arrest information may not be asked directly. Some
exceptions apply (bonafide occupational qualification, approved minority
employment plans, requirements of courts and other governmental agencies,
research by civil service departments, inquiries made after research
by civil service departments, inquiries made after selection). In making
such rulings, the Division has applied a rule of reason, taking into
account the need for the information asked as well as the danger that
it will reveal other infomiation that should not be considered in selection.
The following are Division rulings on inquiries indirectly revelatory
or race, creed, color, national origin, sex, marital status, disability
or age:
Subject |
Lawful |
Unlawful |
Address or Duration of Residence |
Applicant's place of residence, how long a
resident of this State or City? |
|
Age |
Are you under 18 years or older? Are you between
the ages of 18 and 65? If not, state your age. |
How old are you? What is your date of birth?
What are the ages of your children, if any? |
Arrest Record |
Have you ever been convicted of a crime? (Specify)
|
Have you ever been arrested? |
Birthdate |
None |
Requirement that applicant produce proof of
age in form of a birth certificate or baptismal record. |
Birth Control |
None |
Inquiry as to the capacity to produce, advocacy
of any form of birth control or family planning |
Birthplace |
None |
Birthplace of applicant, birthplace of applicant's
parents, spouse, or other close relatives. |
Citizenship |
Are you a citizen of the United States? If
not a citizen of the United States, do you intend to become one?
If you are not a United States citizen do you have the legal rights
to remain permanently in the United States? Requirements that
applicant state whether he or she has ever been arrested or interned
as an enemy alien |
Of what country are you a citizen? Whether
an applicant is naturalized or a native born citizen; the date
when the applicant acquired the citizenship. Requirement that
the applicant produces naturalization papers or first papers.
Whether applicant's parents or spouse are naturalized or native
born citizens of the United States; the date when such parents
or spouse acquired citizenships. |
Disability* |
None |
Do you have a disability? Have you ever been
treated for one of the following diseases...Do you have now or
have had a drug/alcohol problem? |
Driver's License |
Do you possess a valid NYS Driver's License?
Requirement that applicant can produce a valid drivers license |
|
Education |
Inquiry into the applicant's academic, vocational
or professional education and the public and private school attended |
|
Experience |
Inquiry into work experence |
|
Language |
Inquiry into the languages the applicant speaks
or writes fluently. |
What is your native language? Inquiry into
how applicant acquired ability to write, read or speak a foreign
language. |
Marital Status |
None |
Do you wish to be addressed as Miss? Mrs?
Are you married? Single? Divorced? Separated? |
Military Experience |
Inquiry into the applicant's military experience
in the armed forces of the United States or in a State Militia.
Inquiry into the applicant's service in a particular branch of
the United States Army, Navy, etc. Did you recieve a dishonorable
discharge? Inquiries regarding military service should be accompanied
by a statement that a dishonorable discharge is not an absolute
bar to employment and that other factors will affect final decision. |
Inquired into the applicant's military experence
other than in the armed forces or United States Militia |
Name |
Have you ever worked for this company under
a different name? is additional information relative to change
of name, use an assumed name or nickname necessary to enable a
check on your work record? if yes, please explain |
Original names of an applicant whose names
have been changed by court order or otherwise. Maiden name of
a married woman. If you've ever worked under another names, State
name, dates addresses. |
National Origin |
None |
Inquiry into the applicants's lineage, ancestry,
national origin, descent, parentage or nationality. Nationality
of applicant's parents or spouse. what is your mother's tongue? |
Notice in case of Emergency |
Name and address of person to be notified
in case of an accident or emergency. |
None |
Origanizations |
Inquiry into the applicant's membership in
the organizations which the applicant considers relevant to his/her
ability to preform the job |
List all clubs, societies and lodges to which
you belong |
Parental Status |
None |
What are the ages of your children if any? |
Photograph |
None |
Requirement or option that an applicant affix
a photograph to employment form at any time before hiring. |
Relatives |
Name of applicant's relatives already employed
by the company. |
Number, names, addresses and ages of applicant's
spouse, children or relatives not employed by the company., |
Religion or Creed |
None |
Inquiry into the applicant's religious denomination,
religious affiliations, church, parish, pastor, or religious holidays
observed. Applicants may not be told "This is Catholic, Jewish,
Protestant) organization. |
Sex |
None |
Inquiry as to sex or gender. |
| Spouse |
None |
Name or other information about spouse. |
*(It is unlawful to inquire, either
directly or indirectly, about an applicant's disabilities. An employer
may inquire only whether a prospective employee can perform specific
tasks in a reasonable manner or whether he/she requires any special
accommodations in order to perform these tasks. An employer may not
disqualify an applicant/employee because of suspected future risk to
his/her health by performing a specific job.)
The above limitations apply
equally to questions which may be asked of an employee who applies for
or is under consideration for promotion, transfer, upgrading etc. The
limitations also apply equally to questions asked by prospective employer,
either orally, by telephone, in writing or otherwise, of a former employer,
with reference to an applicant or a person under consideration for employment.
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