Unlawful Inquiries: Religion, Military, Photo, Citizenship, Education, Conviction

Religion. Do not ask about an applicant’s religion, religious affiliation, congregation, pastor, practices, or religious holidays. A city may describe the position’s regular schedule, overtime, on-call, and attendance requirements and ask whether the applicant can meet them, with or without reasonable accommodation. Requests for religious accommodation should be handled after the applicant identifies a conflict.

Military service. Do not ask questions intended to identify military status, discharge characterization, military-related medical information, or obligations that may lead to discriminatory decisions. A city may ask about job-related training, education, certifications, and experience gained through military service. USERRA prohibits employment discrimination based on past, present, or future military service.

Photographs. Do not request, accept, or require a photograph before an employment decision. Photographs can reveal protected characteristics and may be used as evidence of discriminatory intent.

Citizenship and work authorization. Do not ask whether an applicant is a U.S. citizen, where the applicant was born, or whether the applicant’s relatives are citizens. A city may ask whether the applicant is legally authorized to work in the United States and whether the applicant will now or in the future require employment-visa sponsorship, if the same questions are asked of all applicants. After hire, employers must complete Form I-9 and review acceptable identity and work-authorization documents; employers may not demand a particular document or treat applicants differently because of citizenship or national origin.

Education. Do not ask about the religious, racial, or national-origin affiliation of a school attended, an applicant’s native language, or how the applicant learned a foreign language. Ask only about degrees, licenses, coursework, training, certifications, and language proficiency that are job-related.

Arrest and conviction records. Do not ask about arrests that did not result in conviction, except where a specific inquiry is permitted and clearly relevant under applicable law. Do not impose a blanket exclusion based on criminal history. If a conviction is relevant to the position, use a targeted review that considers the offense, the time elapsed, and the duties of the job. Apply standards consistently, verify the accuracy of the information, and give the applicant an opportunity to address potentially disqualifying results when appropriate.