st10c2.gif (12036 bytes)

Subject

Illegal

Legal If Job Related

AGE Any question which tends to identify applicants between 40-64 years of age is illegal. EXAMPLE: "Do you remember the 1940 election?" There is no legal question that can be asked regarding this subject. The SPO may verify age, if necessary, to ensure legally set minimum age limits are met.
CITIZENSHIP Any of the following questions can not be asked: Are you a citizen of the United States? Are your parents/ spouse a US citizen? When did you acquire US citizenship? Are you/spouse/ parent native born or naturalized? There is no legal question that can be asked regarding this subject. The SPO may verify citizenship requirements, if they exist for the job being filled.
NATIONAL ORIGIN Any of the following questions can not be asked: What is your national origin? What language is spoken in your home? What is your native language? There is no legal question that can be asked regarding this subject.
RACE/COLOR Any question that directly or indirectly relates to race or color may not be asked. There is no legal question that can be asked regarding this subject.
RELIGION The following questions can not be asked: What church do you attend? What religious holidays do you observe? There is no legal question that can be asked regarding this subject.
SEX Any question which inquires as to one’s gender may not be asked. For example: What are your plans regarding having children in the near future? Do you mind having a male/ female supervisor? Can you work with a group of men/ women? There is no legal question that can be asked regarding this subject.
MARITAL STATUS/FAMILY Any of the following questions can not be asked: Are you married? Divorced? Widowed? With whom do you live? Do your children live with you? What ages are your children? Is your husband/ wife in the military? There is no legal question that can be asked regarding this subject. The SPO may verify if other family members work at the installation to fulfill OPM requirements.
EDUCATION Questions that specifically ask the nationality, racial, or religious affiliation of a school; the candidates education level in general, if not related to the job being filled, may not be asked. Questions concerning a candidate’s academic, vocation, or professional education may be asked as long as they pertain to KSAs related to the position being filled.
ORGANIZATIONAL AFFILIATION The following question may not be asked: To what organization, societies and clubs do you belong? Questions related to this subject may be asked if they are related to the job being filled and how the candidate’s participation in the organization may fulfill the KSAs.
POLICE RECORD Do not ask: Have you ever been arrested? If the job being filled has special requirements (i.e., bonding), the supervisor may ask a question such as: In order to fill this job, you must be bonded. Is there any problem that this presents?
WORK SCHEDULE/ TRAVEL Do not ask any questions that relate to child care, ages of children or other non job-related areas. If the job being filled has special requirements (i.e., travel, overtime, unusual hours, etc.) these conditions may be stated. For example: In this job you would have to travel 1 week in every month. Does this present a problem to you?
MILITARY DISCHARGE The following question may not be asked: Were you honorably discharged from military service? There is no legal question that can be asked regarding this subject. The SPO may verify this information if there is a requirement to do so.
ECONOMIC STATUS The following questions may not be asked: Do you have a good credit rating? Do you have any trouble with bills/collection agencies? There is no legal question that can be asked regarding this subject.
SECURITY CLEARANCE The following question may not be asked: Do you have a secret/ top secret/ other security clearance? If the job to be filled requires a certain type of security clearance, this condition may be stated. For example: "This job requires a top secret clearance. Does this requirement present any problem?"
PERSONAL PLANS The following question may not be asked: Do you have plans to live in this area long? There is no legal question that can be asked regarding this subject.
PARTICIPATION IN CERTAIN ACTIVITIES Do not ask the following questions: Do you plan to take savings bonds/ contribute to the Combined Federal Campaign/ join the coffee club/ join the Professional Association? There is no legal question that can be asked regarding this subject.
MISCELLANEOUS Questions that are not job related or necessary for determining a candidate’s possession of required KSAs may not be asked. The candidate may be notified that statements, misstatements or omissions of significant facts may be cause for nonselection.

RELATED TOPICS: Interviews; Selection Interview; Sample Ranking Interview Worksheet; Inappropriate Interview Questions; Interview Subjects; Uniform Guidelines on Employee Selection Procedures; Merit Promotion Program.



bullet6.gif (863 bytes)General Management bullet6.gif (863 bytes)EEO bullet6.gif (863 bytes)Classification bullet6.gif (863 bytes)Labor Relations bullet6.gif (863 bytes)Employee Relations bullet6.gif (863 bytes)Staffing bullet6.gif (863 bytes)Employee Development bullet4.gif (856 bytes)Electronic Forms bullet4.gif (856 bytes)Sample Letters bullet4.gif (856 bytes)Related Sites bullet4.gif (856 bytes)Email bullet4.gif (856 bytes)Help

HomeTopFeedbackSearchIndex

Revised: 11/10/98
DOI University
National Business Center
U.S. Department of the Interior