Lawful and Unlawful Employment Inquiries
Part I: Pre-Employment Inquiries
Browse the "Civil Rights: Fact Sheets" available on the Oregon Bureau of
Labor and Industry (BOLI) website at http://www.boli.state.or.us/civil/crfacdis.html.
Use these fact sheets to determine whether the questions below are lawful
or unlawful. (You may copy the section below and paste it into a document
or retype it to submit to your instructor.)
Directions: Mark the following pre-employment inquiries as either
"Lawful" or "Unlawful". Assume they are part of an interview or application
process.
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What is your maiden name?
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Have you ever worked under another name?
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Where were you born?
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Are you a U.S. Citizen?
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Are you authorized to work in the United States?
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What is your birthdate?
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Are you 18 years old or older?
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What year did you graduate from high school?
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Are you married?
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Do you have children?
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Are you willing to relocate?
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What is your political affiliation?
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Are you a member of a trade association?
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What religious holidays do you observe?
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In what racial classification do you consider yourself?
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Please submit a photo with your application.
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Do you have any disabilities?
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Do you have any physical or mental limitations related to the performance
of this job?
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Have you ever been arrested for a crime related to the performance of this
job?
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Why did you leave your last job?
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What salary/wages did you make on your last job?
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A drug test will be required prior to hiring.
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A physical exam will be required prior to hiring.
Part II: Handling Unlawful Inquiries
Read "What To Do If You Are Asked An Illegal Question" at http://www.collegegrad.com/book/16-31.shtml.
Pick two (2) of the unlawful questions listed above. Write a brief response
to both.
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