Career and Academic Planning - James Madison University

Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of race, color, sex, or national origin. The law prohibits the use of any pre-employment inquiry, which disproportionately screens out members of a minority group or members of one sex, and is not a valid predictor of successful job performance. Employer's questions must be related to the job that you are applying for. The following table will help you identify which questions are legal and which ones are not

Subject	Illegal Inquiries	Legal Inquiries
Age	How old are you? What is your birth date? When did you graduate?	If hired can you provide proof that you are at least 18 years of age?
Citizenship	Are you a US citizen? What country are you a citizen of? Are you or other family members naturalized citizens?	Are you authorized to work in the US? If hired, can you prove eligibility to work in the US?
National Origin	Where were you/your parents born? What is your ancestry, parentage or nationality? What is your native language?	What languages do you speak, write, or read fluently? (must be relevant to performance of the job)
Disability	Do you have a disability? How is your/your family's health? Tell us about you medical history. Have you had any recent illnesses or operations?	Are you capable of performing the essential functions of this position with or without reasonable accommodation? (A medical exam may be required after a job offer has been made)
Arrests & Conviction	Have you ever been arrested? Have you ever been charged with any crime?	Have you been convicted of any crime? (Must be considered as it relates to fitness to perform the job in question.)
Religion	What is your religious affiliation or denomination? What religious holidays do you observe? What church do you belong to?	NONE. (If an employer wants to know about your availability to work on weekends he/she may ask 'Are you available to work on Sat. or Sun?'. This question must be asked of all applicants.)
Marital/Family Status	What is your marital status? Who do you live with? What was your maiden name? Do you have/plan to have children? What are your day-care arrangements?	Would you be willing to relocate? Would you be able to travel? (must be a job requirement and be asked of all applicants) Would you be able to work overtime as necessary? (same restrictions as above)
Race/Color	What is your race? What color is your hair, eyes, or skin?	NONE.
Personal/ Affiliations	How tall are you? How much do you weigh? What clubs or social organizations do you belong to?	Are you able to lift and carry a 50lb. weight as required by the job? List organizations you belong to that you consider relevant to your ability to perform this job.

If you are asked an illegal question you can approach it one of three ways:

Answer the question, but realize that the information is not job related and your answer may harm your candidacy if it is viewed as a "wrong" answer.
Refuse to answer the question (which is within your legal rights), but you run the risk of being viewed as confrontational or uncooperative.
Think about the intent behind the questions and try to respond with an answer that might apply to the job. For example, if an interviewer asks, "What country are you from?" you could respond with "I am authorized to work in the US."

("Handling Illegal Questions". Rochelle Kaplan. Job Choices, National Association of Colleges & Employers)

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