Unlawful Inquiries: Relatives, Organizations, Credit Rating, References
Relatives and household members. Do not ask for the names, addresses, employers, compensation, or other personal information of an applicant’s spouse, children, dependents, or adult relatives. Do not ask about childcare arrangements or household composition. If a city has a lawful nepotism or conflict-of-interest policy, it may ask a narrowly tailored question after explaining that the purpose is to identify a potential supervisory, reporting, or financial conflict involving a current city employee or official.
Emergency contacts. Do not request emergency-contact information during the selection process. Obtain it after hire as part of onboarding.
Organizations and activities. Do not require applicants to list all clubs, societies, lodges, associations, or social organizations. Such information may reveal religion, race, national origin, disability, political affiliation, or other protected information. A city may ask about professional associations, volunteer experience, or civic activities when the information is genuinely related to the position and the question is asked consistently.
Financial and credit information. Do not ask about credit ratings, debts, charge accounts, homeownership, or other personal financial matters unless financial information is legally permitted and demonstrably relevant to the job. If a credit report will be obtained from a consumer reporting agency, the city must comply with the Fair Credit Reporting Act, including required disclosure, authorization, and adverse-action procedures.
References. Do not require a reference from a pastor or other religious leader. A city may request professional references who can address the applicant’s work history, job-related skills, reliability, and performance. Use the same reference-check process for similarly situated applicants, and limit questions to verifiable, job-related information.