Safe Hirings - International Background Screening & Verification Services

Employment Inquiries

Anyone involved in any interview process must avoid asking unfair pre-employment questions. Interview questions are measured fair when they related to a person’s ability to perform the actual job duties.

The table below provides examples of fair and unfair inquiries in reference to job application forms, pre-employment interviews, or any other type of inquiry made of job applicants. Any questions which give the appearance of taking a candidate's race, creed, color, national origin, age, sex, marital status, or any sensory, mental, or physical handicap into consideration for discriminatory purposes must be avoided. Nothing in these rules prevents employers from asking questions to determine which candidate is most qualified to perform the essential functions of the job. The rules in this table were developed in order to prevent characteristics which have nothing to do with a person's ability to do the job from influencing the selection process. Individuals participating in the selection process should review the following chart, developed by the Washington State Human Rights Commission, prior to screening application materials, contacting references (ether verbally or in writing) and interviewing. The chart is to be used as a guide; examples are not exhaustive. As a religious organization, the University is not subject to Washington State HRC rules and regulations, but the University is subject to Federal laws which contain similar prohibitions with respect to employment discrimination. For this reason, the chart that follows will serve as a helpful reference tool for supervisors. As a religious organization, the University is not subject to Washington State HRC rules and regulations, but the University is subject to Federal laws which contain similar prohibitions with respect to employment discrimination. For this reason, the chart that follows will serve as a helpful reference tool for supervisors.

Question That Should Not Be Asked During An Interview

Supervisor’s Note: Please ensure that all personnel involved in any interview process are careful to avoid asking unfair pre-employment questions. Appropriate questions are those that relate to a person’s ability to perform the essential job duties.

Pre-employment inquiries that are unfair include, but are not limited to, the following:

Age: Birthdates? How old are you?

Family: Specific questions concerning spouse, spouse’s employment or salary, children, child care, or dependents.

Height and weight: Any question that is not based on actual job requirements.

Martial status: Are you married? Divorced? Separated?

Pregnancy: All questions related to pregnancy, medical history or any related matter.

Race or sex: What is your race? Sex? Request of the applicant to furnish a photograph. Hair and eye color?

Religion: For most employers, questions regarding a person’s religious beliefs are unfair. SPU has an exception from Title VII of the Civil Rights Act of 1964. As an educational institution operating under the auspices of the Free Methodist Church of North America, SPU is permitted and reserves the right to prefer employees on the basis of religion.

Age	Disabilities	Military Service	Photographs	Religion or Creed
Arrests	Family	Name (origin)	Pregnancy	Residence
Citizenship	Height or Weight	National Origin	Race or Color	Sex
Criminal Convictions	Marital Status	Organizations	Relatives

Protected Status	Fair Pre-employment Inquiries	Unfair Pre-employment Inquiries	Inappropriate Inquiries	Comments
Age	Inquiries as to birth date and proof of true age are permitted by RCW 49.44.090.	Any inquiry which is not in compliance with RCW 49.44 and/or which implies a preference for persons under 40 years of age. People age 40 or older are protected.	Birthdate? How old are you?	If it is necessary to know that someone is over a certain age for legal reasons, this question could be better stated, "Are you 21 or over?" or, "Are you 18 or older?"

Protected Status	Fair Pre-employment Inquiries	Unfair Pre-employment Inquiries	Inappropriate Inquiries	Comments
Arrests	Because statistical studies regarding arrests have shown a disparate impact on some racial and ethnic minorities, and an arrest by itself is not a reliable indication of criminal behavior, inquiries concerning arrests must include whether charges are still pending, have been dismissed, or led to conviction of a crime involving behavior which would adversely affect job performance, and the arrest occurred within the last ten years. Exempt from this rule are law enforcement agencies and state agencies, school districts, businesses and other organizations that have a direct responsibility for the supervision, care, or treatment of children, mentally ill persons, developmentally disabled persons or other vulnerable adults.	Any inquiry which does not meet the requirement for fair preemployment inquiries.
Protected Status	Fair Pre-employment Inquiries	Unfair Pre-employment Inquiries	Inappropriate Inquiries	Comments
Citizenship	Whether applicant is prevented from lawfully becoming employed in this country because of visa or immigration status. Whether applicant can provide proof of citizenship, visa, and alien registration number after being hired.	Whether applicant is a citizen. Any inquiry into citizenship which would tend to divulge applicant's lineage, ancestral or national origin, or birthplace.
Protected Status	Fair Pre-employment Inquiries	Unfair Pre-employment Inquiries	Inappropriate Inquiries	Comments
Convictions	Statistical studies on convictions and imprisonment have shown a disparate impact on some racial and ethnic minority groups. Inquiries concerning convictions (or imprisonment) will be considered to be justified by business necessity if the crimes inquired about relate reasonably to the job duties and if such convictions (or release from prison) occurred within the last ten years. Law enforcement agencies, state agencies, school districts, businesses and other organizations that have a direct responsibility for the supervision, care, or treatment of children, mentally ill persons, developmentally disabled persons, or other vulnerable adults are exempt from this rule.	Inquiries concerning convictions and imprisonment which either do not relate reasonably to job duties or did not occur within the last ten years will not be considered justified by business necessity.
Protected Status	Fair Pre-employment Inquiries	Unfair Pre-employment Inquiries	Inappropriate Inquiries	Comments
Disability	Whether applicant is able to perform the essential functions of the job for which the applicant is applying, with or without reasonable accommodation. Inquiries as to how the applicant could demonstrate or describe the performance of these specific job functions with or without reasonable accommodation. NOTE: Employers are encouraged to include a statement on the application form apprising applicants that if they require accommodation to complete the application, testing or interview process, to please contact the employment office, personnel or human resources department or other office as may be able to assist them.	Inquiries about the nature, severity or extent of a disability or whether the applicant requires reasonable accommodation. Whether applicant has applied for or received worker’s compensation. Also any inquiry that is not job related or consistent with business necessity.	Do you have , or have you ever had: cancer? epilepsy? addiction to drugs? addiction to alcohol? an on-the-job injury?	An otherwise qualified person cannot be refused employment because of a mental or physical disability that would not prevent them from performing the essential functions of the job. Please contact the Human Resources Office if you have any questions.
Protected Status	Fair Pre-employment Inquiries	Unfair Pre-employment Inquiries	Inappropriate Inquiries	Comments
Family	Whether applicant can meet specified work schedules or has activities, commitments or responsibilities that may prevent him or her from meeting work attendance requirements.	Specific inquiries concerning spouse, spouse's employment or salary, children, child care arrangements, or dependents.
Protected Status	Fair Pre-employment Inquiries	Unfair Pre-employment Inquiries	Inappropriate Inquiries	Comments
Height and Weight	Being of a certain height or weight will not be considered to be a job requirement unless the employer can show that all or substantially all employees who fail to meet the requirement would be unable to perform the job in question with reasonable safety and efficiency.	Any inquiry which is not based on actual job requirements and not consistent with business necessity.
Protected Status	Fair Pre-employment Inquiries	Unfair Pre-employment Inquiries	Inappropriate Inquiries	Comments
Marital Status (see also Name and Family)	None.	() Mr. () Mrs. () Ms. Whether the applicant is married, single, divorced, separated, engaged, widowed, etc.	Are you married? Divorced? Separated?	Since it is illegal to discriminate on the basis of marital status all of these inquiries are inappropriate. One’s marital status has nothing to do with one’s ability to perform the job, nor is it an effective means of discerning one’s character.
Protected Status	Fair Pre-employment Inquiries	Unfair Pre-employment Inquiries	Inappropriate Inquiries	Comments
Military	Inquiries concerning education, training, or work experience in the armed forces of the United States.	Type or condition of military discharge. Applicant's experience in other than US armed forces. Request for discharge papers.
Protected Status	Fair Pre-employment Inquiries	Unfair Pre-employment Inquiries	Inappropriate Inquiries	Comments
Name	Whether applicant has worked for this company or another employer under a different name and, if so, what name. Name under which applicant is known to references if different from present name.	Inquiry into original name where it has been changed by court order or marriage. Inquiries about a name which would divulge marital status, lineage, ancestry, national origin or descent.
Protected Status	Fair Pre-employment Inquiries	Unfair Pre-employment Inquiries	Inappropriate Inquiries	Comments
National Origin	Inquiries into applicant's ability to read, write and speak foreign languages, when such inquiries are based on job requirements.	Inquiries into applicant's lineage, ancestry, national origin, descent, birthplace, or mother tongue. National origin of applicant's spouse or parents.	Are you native born or naturalized? Requirement of proof of citizenship. Birthplace of parents or spouse.	It is necessary to require proof of citizenship or immigrant status, employment can be offered on the condition that such proof be supplied.
Protected Status	Fair Pre-employment Inquiries	Unfair Pre-employment Inquiries	Inappropriate Inquiries	Comments
Organizations	Inquiry into organizations to which an applicant has membership, excluding any organization the name or character of which indicates the race, color, creed, sex, marital status, religion, or national origin/ancestry of its members.	Requirement that applicant list all organizations, clubs, societies, and lodges to which he/she belongs.
Protected Status	Fair Pre-employment Inquiries	Unfair Pre-employment Inquiries	Inappropriate Inquiries	Comments
Photographs	May be requested after hiring, for identification purposes.	Request that applicant submit a photograph, mandatory or optionally, at any time before hiring.
Protected Status	Fair Pre-employment Inquiries	Unfair Pre-employment Inquiries	Inappropriate Inquiries	Comments
Pregnancy	Inquiries as to a duration of stay on job or anticipated absences which are made to males and females alike.	All questions as to pregnancy, medical history concerning pregnancy, and related matters.
Protected Status	Fair Pre-employment Inquiries	Unfair Pre-employment Inquiries	Inappropriate Inquiries	Comments
Race or Color	None.	Any inquiry concerning race or color of skin, hair, eyes, etc.		If it is necessary to ask for this information for affirmative action purposes, these inquiries should be accompanied by a statement indicating that the information is needed for affirmative action reporting purposes and will not be used to discriminate.
Protected Status	Fair Pre-employment Inquiries	Unfair Pre-employment Inquiries	Inappropriate Inquiries	Comments
Relatives	Names of applicant's relatives already employed by this company or by any competitor.	Any other inquiry regarding marital status, identity of one's spouse, or spouse's occupation are considered unfair practices
Protected Status	Fair Pre-employment Inquiries	Unfair Pre-employment Inquiries	Inappropriate Inquiries	Comments
Religion or Creed	None. However, SPU has an exemption from Title VII of the Civil Rights Act of 1964. We are allowed to prefer employees or applicants on the basis of religion.
Protected Status	Fair Pre-employment Inquiries	Unfair Pre-employment Inquiries	Inappropriate Inquiries	Comments
Residence	Inquiries about addresses to the extent needed to facilitate contacting the applicant.	Names or relationships of persons with whom applicant resides. Whether applicant owns or rents own home.
Protected Status	Fair Pre-employment Inquiries	Unfair Pre-employment Inquiries	Inappropriate Inquiries	Comments
Sex	None.	Any inquiry concerning gender is prohibited.

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