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 ones 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 candidates 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 candidates 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
candidates 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. |