Department Resources: Conducting a Successful Employee Selection Process -
Chart of Legal Questions

TOPIC	LEGAL QUESTIONS	DISCRIMINATORY QUESTIONS
Family Status	Do you have any responsibilities that conflict with the job attendance or travel requirements? Must be asked of all applicants.	Are you married? What is your spouse's name? What is your maiden name? Do you have any children? Are you pregnant? What are your childcare arrangements?
Race	None	What is your race?
Religion	None You may inquire about availability for weekend work.	What is your religion? Which church do you attend? What are your religious holidays?
Residence	What is your address?	Do you own or rent your home? Who resides with you?
Sex	None	Are you male or female?
Age	If hired, can you offer proof that you are at least 18 years of age?	How old are you? What is your birthdate?
Arrests or Convictions of a Crime	Have you ever been convicted of a crime? You must state that a conviction will be considered only as it relates to fitness to perform the job being sought.	Have you ever been arrested?
Citizenship or Nationality	Can you show proof of your eligibility to work in the U.S.? Are you fluent in any languages other than English? You may ask the second question only as it relates to the job being sought.	Are you a U.S. citizen? Where were you born?
Disability	Are you able to perform the essential functions of this job with or without reasonable accommodation? Show the applicant the position description so he or she can give an informed answer.	Are you disabled? What is the nature or severity of your disability?