Age or Date of Birth

• Questions about age or date of birth are not necessary unless the applicant is either a minor or over the age of retirement. The Age Discrimination in Employment Act also prohibits discrimination against applicants older than 40. Employers may ask for age or date of birth if they hire the applicant and if they need it for internal reasons such as calculating a pension or profit-sharing plan.
  
  

Discrimination

• Employers may not discriminate on the basis of an applicant's gender, race, religion or ethnicity. Different states and cities may have varying legislation concerning discrimination based on sexual orientation, although Title VII of the Civil Rights Act does not prevent such discrimination. A proposed bill in Congress known as the Employment Non-Discrimination Act (ENDA) would prohibit employers from discriminating on the basis of an applicant's sexual orientation, gender identity or disability.
  
  

Disabilities

• Under the Americans with Disabilities Act, employers may not ask about an applicant's disabilities or existing medical conditions. These questions may be phrased in a way that asks whether the applicant needs special accommodations for an existing health or medical condition. Employers may ask about this after hiring the applicant, but these questions should not be part of the employment application.
  
  

Education

• Employers may not ask about an applicant's education unless the job requires a specific degree such as from a college or trade school. If this is the criteria for the job, then the employer may also ask about the applicant's schooling or vocational training.
  
  

Arrest or Conviction Record

• Employers may not ask about an applicant's conviction record unless they can prove that the conviction is relevant to the job position. The Equal Employment Opportunity Commission (EEOC) states that questions about an applicant's conviction record are improper unless the job position is security-sensitive and the employer investigates whether the applicant committed the crime.
  
  

Credit History

• Employers may not ask whether an applicant has been involved in wage garnishment proceedings. This could be a leading question used as a basis for discrimination because statistically, more minorities than Caucasians have been subject to wage garnishment. Questions about an applicant's credit history are discriminatory in a similar way as questions about whether the applicant owns a home.
  
  

Citizenship

• Employers may not ask about an applicant's citizenship on the employment application, but they may require an applicant to complete an Employment Eligibility Verification Form I-9 to determine whether an applicant is eligible for employment within the U.S. Employers may be fined or imprisoned for hiring an illegal alien. The Immigration Reform and Control Act prohibits discrimination against an applicant who is not a U.S. citizen.
  
  

Drug Testing and Physical Examinations

• Employers may not ask whether an applicant smokes or uses drugs, but some employers may state on the application that the job requires drug testing and that the applicant must agree to adhere to the employer's smoking and drug policies. This policy is subjective because it may infringe on the applicant's right to privacy. Different states have varying legislation concerning drug tests, but federal law does not prohibit drug testing of employees. Employers may not ask an applicant to submit to a physical exam unless they require all applicants and employees to do the same. Employers must keep their drug testing and examination records confidential.
  
  

Applicant's Background

• Employers may not ask whether the applicant belongs to a union. Employers also may not ask whether an applicant knows or is related to any employees at the job because some employers may give priority to these applicants. For applicants with a military background, employers may not ask the terms of the discharge because statistically, a higher proportion of minorities receive Other Than Honorable (OTH) discharges.