In regards to pre-employment questions (i.e. job interviews and applications), federal and state laws limit employers to asking only questions designed to determine qualifications for successful job performance. Also, the Americans with Disabilities Act (ADA) prohibits questions relating to physical impairments or disabilities. Below are some examples of questions that are illegal for employers to ask:
- How old are you? What’s your date of birth? (Certain jobs require an employer to ask “Are you 18 or over?” or “Are you 21 or over?”)
- What is your race? Gender? Provide a photograph.
- Are you pregnant? Are you planning on starting a family?
- Have you ever applied for workers’ compensation?
- What is your religious affiliation?
- Were you born in the U.S.? Are you a citizen of the U.S.?
- Do you have any relatives that work for this company?
Source: BOLI http://www.oregon.gov/BOLI/TA/T_FAQ_Tapreemp.shtml
