Indiana University

OVPIT/UITS 
Human Resources

LAWFUL AND UNLAWFUL QUESTIONS GUIDE

Indiana University is committed to Equal Employment and Affirmative Action, and all employment decisions will further the principle of equality. In this regard, Indiana University will recruit, hire, promote, and educate persons without regard to race, color, religion, national origin, disability, gender, age, or status as Vietnam-era veteran. \par \par One of the most ef fective ways to ensure sound selection procedures and to avoid unlawful discrimination is for individuals involved in the hiring process to develop written, job-related questions, which focus on the required skills and abilities for each position. Inquir ies concerning a candidate\rquote s race, sex, marital status, disability, etc., are unlawful and must be excluded from the employment process.

The following pages contain a detailed reference chart of lawful and unlawful questions to further assist you in conducting the pre-employment inquiry in a non-discriminatory manner.

 

  Lawful Questions Unlawful Questions
Age Are you 18 years or older? How old are you? What is your date of birth?

How do you feel about working for someone younger than yourself?

Disability Are you able to perform these tasks (provide a description of the specific job tasks or describe the functions)?

If the application indicates that s/he can perform the tasks with an accommodation, s/he may be asked:

How would you perform the tasks and with what accommodations? How would you do this task and with what adjustments?

 

If the disability is known (for example, uses a wheelchair or guide dog, or has a missing limb, or has volunteered information about a disability) that would appear to intervene with or prevent performance of an essential function, the applicant may be asked to describe or demonstrate how this function would be performed, even if other applicants do not have to do so.

 

 

 

 

 

 

 

 

 

 

What professional or career organizations are you active in that are related to the responsibilities of this position?

Do you have any disabilities? Do you have any handicaps?

Do you have physical defects which preclude you from performing certain kinds of work? If yes, describe such defects and specific work limitations.

Is there any health-related reason you may not be able to perform the job for which you are applying?

Do you have any disabilities or impairments (or handicaps) which may affect your performance in the position for which you are applying? If disability is known:

How severe is your disability?

What is the nature of your disability?

Does your disability prevent or limit your performance in the position for which you are applying?

What is the prognosis or expectation regarding the condition or disability?

Will you need or request a leave for special treatment or speical leave because of the disability?

(Discrimination against an individual, whether or not disabled, because of a known association with an individual with a disability is prohibited)

Of what organizations are you a member?

Gender   Do you have plans for having children/family?

What are your marriage plans? What does your spouse do?

What happens if you or your spouse gets transferred or needs to relocate?

Who will take care of your children while you are at work?

How would you feel about working for a woman/man?

National Origin Will you now or in the future, require sponsorship for legal employment status?

If offered, could you provide verification of your right to work in the U.S.?

After making a conditional offer, an employer may inform the job applicant that s/he will have to produce documents to prove work eligibility.

Where were you born?

Of what country are you a citizen?

Race or Color   Do you feel that your race/color will be a problem in your performing the job?

Are you ____heritage/race?

Religion Inquiry into willingness to work required work schedule. What is your religion?

What church do you attend?

Do you hold any religious beliefs that woruld prevent you from working certain days of the week?