Pre-Employment Inquiries

New York State law expressively prohibits employers or employment agencies, from asking certain questions either in an application form or in a personal interview before selecting an employee or apprentice.

It's unlawful to ask questions the answers to which will indirectly reveal information as to race, creed, color, national origin, sex, marital status, disability, age, or arrest record in cases where such information may not be asked directly. Read through the list below to learn more about what are acceptable and unacceptable questions.

Name
Acceptable

• "Have you worked for this company under a different name?"
• "Have you ever been convicted of a crime under another name?"

• Former name of applicant whose name has been changed by court order or otherwise.

Address or Duration of Residence
Acceptable

• Applicant's place of residence.
• How long applicant has been resident of this state or city?

Birthplace
Acceptable

• "Can you, after employment, submit a birth certificate, or other proof of U.S. citizenship or age?"

• Birthplace of applicant.
• Birthplace of applicant's parents, spouse, or other relatives.
• Requirements that applicant submit a birth certificate, naturalization or baptismal record.

Age
Acceptable

• "Can you, after employment, submit a work permit if under 18?"
• "Are you over 18 years of age?"
• "If hired, can you furnish proof of age?" or Statement that hire is subject to verification that applicant's age meets legal requirements.

• Questions which tend to identify applicants 40-64 years of age.

Religious
Unacceptable

• Applicant's religious denomination or affiliation, church, parish, pastor, or religious holidays observed.
• "Do you attend religious services or a house of worship?"
• Applicant may not be told "This is a Catholic/Protestant/Jewish/atheist organization."

Work Days and Shifts
Acceptable

• Statement by employer of regular days, hours or shift to be worked.

Race or color
Unacceptable

• Complexion, skin color or other questions directly or indirectly indicating race or color.

Photograph
Acceptable

• Statement that a photograph may be required after employment.

• Requirement that applicant affixes a photograph to his application form.
• Request applicant, at his option, to submit photograph.
• Requirement of photograph after interview but before hiring.

Citizenship
Acceptable

• "If you are not a U.S. citizen, have you the legal right to remain permanently in the U.S.?" "Do you intend to remain permanently in the U.S.?"
• Statement by employer that, if hired, applicant may be required to submit proof of citizenship.

• Whether applicant or his/her parents or spouse are naturalized or native-born U.S. citizens.
• Date when applicant or parents or spouse acquired U.S. citizenship.
• Requirement that applicant produces his naturalization papers or first papers.
• Whether applicant's parents or spouse are citizens of the U.S.

National Origin or Ancestry
Acceptable

• Languages applicant reads, speaks or writes.

• Applicant's nationality, lineage, ancestry, national origin, descent, or parentage.
• Date of arrival in United States or port of entry, how long a resident.
• Nationality of applicant's parents or spouse, maiden name of applicant's wife or mother.
• Language commonly used by applicant. "What is your mother tongue?"
• How applicant acquired ability to read, write or speak a foreign language.

Education
Acceptable

• Applicant's academic, vocational, or professional education, schools attended.

• Date last attended high school.

Experience
Acceptable

• Applicant's work experience.
• Applicant's military experience in armed forces of United States, in a state militia (U.S.) or in a particular branch of U.S. armed forces.

• Applicant's military experience (general).
• Type of military discharge.

Character
Acceptable

• "Have you ever been convicted of any crime?" If so, when, where and disposition of case?

• "Have you ever been arrested?"

Relatives
Acceptable

• Names of applicant's relatives already employed by this company.
• Name and address of parent or guardian if applicant is a minor.

• Marital status or number of dependents.
• Name or address of relative, spouse, or children of adult applicant.
• "With whom do you reside?"
• "Do you live with your parents?"

Notice in Case of Emergency
Acceptable

• Name and address of person to be notified in case of accident or emergency.

• Name and address of relative to be notified in case of accident or emergency.

Organizations
Acceptable

• Organizations, clubs, professional societies, or other associations of which applicant is a member, excluding any names the character of which indicate the race, religious creed, color, national origin, or ancestry of its members.

• List all organizations, clubs, societies, and lodges to which you belong.

References
Acceptable

• "By whom were you referred for a position here?"

• Requirement of submission of a religious reference.

Physical Condition
Acceptable

• "Do you have any physical condition which may limit your ability to perform the job?
• Statement by employer that offer may be made contingent on passing a physical examination.

• "Do you have any physical disabilities?"
• Questions on general medical condition.
• Inquiries as to receipt of Workmen's Compensation.

Miscellaneous
Acceptable

• Notice to applicant that any misstatements or omissions of material facts in his application may be cause for dismissal.

• Any inquiry that is not job-related or necessary for determining an applicant's eligibility for employment.