As a result, certain types of questions are generally considered impermissible on job application forms. These include:
1. Questions about race, color, religion, sex, or national origin: Asking about these characteristics can lead to discrimination based on ethnicity or bias against certain cultural or religious practices.
2. Questions about age: Directly asking about an applicant's age can lead to discrimination against older workers or those who may appear younger than a certain age.
3. Questions about disabilities: Inquiries regarding disabilities are allowed only if they relate directly to the job's essential functions and are job-related and consistent with business necessity.
4. Questions about marital or parental status: These questions can discriminate against individuals based on family responsibilities or status.
5. Questions about arrest or conviction records: Most jurisdictions have "ban the box" laws that restrict employers from asking about arrest or conviction records on job applications. These questions are generally allowed only after a conditional offer of employment has been made and must be relevant to the job.
6. Questions about veteran or military service: While it's permissible to ask if an applicant is a veteran, follow-up questions about the nature of military service or discharge status are often restricted.
However, certain job-related questions may be permitted if they are directly relevant to the position and based on a bona fide occupational qualification. In such cases, employers must ensure that the questions are genuinely necessary for determining an applicant's ability to perform the job and not merely a pretext for discrimination.
As employment laws and regulations can change over time, it's important for employers to stay updated and seek guidance from legal professionals to ensure compliance when preparing job application forms and conducting hiring practices.