Unlawful Inquiries: Sex, Race, Residence, Birthplace
Application and interview questions should not be used to identify an applicant’s sex, race, color, national origin, or other protected characteristic. Cities should obtain only information necessary to determine whether an applicant meets legitimate job requirements.
Sex, gender identity, and sexual orientation. Do not ask an applicant’s sex, gender identity, sexual orientation, pronouns, or the names or relationships of people with whom the applicant lives. Do not make assumptions about an applicant’s ability, interest, availability, or likely job satisfaction based on sex or gender. Physical requirements must be genuinely job-related and should be described in terms of the actual work—for example, the ability to lift a specified amount safely—not by gender-based assumptions. Title VII protects applicants from discrimination because of sex, including pregnancy, sexual orientation, and gender identity.
Race and color. Do not ask about race, color, complexion, hair texture, eye color, or similar matters. Do not use height or weight standards unless they are demonstrably job-related and consistent with business necessity.
Address and residence. Do not ask questions designed to reveal national origin, ethnicity, household composition, homeownership, transportation access, or economic status. A city may ask whether an applicant can report to the work location, meet response-time requirements, or obtain a valid driver license when those requirements are job-related. If residency is a lawful requirement of the position, state the requirement clearly and apply it consistently.
Birthplace and national origin. Do not ask where an applicant, the applicant’s parents, spouse, or relatives were born; what language is spoken at home; or about ancestry, lineage, ethnicity, or native language. If language proficiency is necessary for the job, ask whether the applicant can read, write, speak, or translate the specific language at the level required to perform essential duties.