Unlawful Inquiries: Name, Family Status, Age, Disabilities
Pre-offer application and interview questions should be limited to information needed to assess an applicant’s qualifications and ability to perform the job.
Name and identity. Do not ask questions intended to reveal an applicant’s ancestry, national origin, marital status, gender identity, or other protected characteristic. Request the name used for employment records and, if necessary, ask whether the applicant has worked or attended school under another name for purposes such as verifying employment or education. Avoid requesting titles such as “Mr.,” “Mrs.,” or “Ms.”
Marital and family status. Do not ask whether an applicant is married, divorced, engaged, pregnant, or planning to have children. Do not ask about children, dependents, childcare arrangements, a spouse’s employment, or family responsibilities. A city may ask all applicants whether they can meet the work schedule, travel, overtime, attendance, or on-call requirements of the position.
Age. The ADEA protects applicants and employees age 40 and older from age discrimination. Avoid asking an applicant’s age, date of birth, graduation dates, or requesting age-related documents before hire unless the information is necessary for a lawful purpose. If a minimum age is legally required for a position, ask whether the applicant meets that requirement rather than requesting a date of birth. Although federal law does not categorically prohibit an age inquiry, it may be evidence of discriminatory intent and should be avoided unless justified.
Disability and medical information. Before a conditional offer, do not ask whether an applicant has a disability, medical condition, impairment, workers’ compensation history, or need for accommodation. Do not ask about medications, medical treatment, prognosis, or family medical history. GINA also generally prohibits requesting, requiring, or purchasing genetic information, including family medical history.
A city may ask whether an applicant can perform the essential functions of the position, with or without reasonable accommodation. A city may also ask an applicant to describe or demonstrate how they would perform a job task if all applicants for the position are treated consistently and reasonable accommodation is permitted.
After a conditional offer, a city may make disability-related inquiries or require medical examinations if it does so for all entering employees in the same job category. Medical information must be kept confidential and maintained separately from personnel records.