Pre-Employment Inquiry Guidlines

(Introduction and application for Employment)

(Published by the State of California Department of Fair Employment and Housing)

The California Fair Employment and Housing Act prohibits any non-job-related inquiry either verbal or through the use of an application form, which directly or indirectly limits a person’s employment opportunities because of race, color, religion, national origin, ancestry, medical condition, disability (including AIDS), marital status, sex (including pregnancy), age (40+), exercise of family care leave or leave for an employee’s own serious health condition. The regulations of the Fair Employment and Housing Commission define this to include any question which:

Identifies a person on a basis covered by the Act
OR
Results in the disproportionate screening out of members of a protected group
OR
Is not a valid predictor (not a job-related inquiry) of successful job performance.

It is the employer’s right to establish job-related requirements and to seek the most qualified individual for the job. It is presumed that the information obtained through application forms and interviews is used by the employer in making selection and assignment decisions. For this reason, the employer should make only those inquiries necessary to determine the applicant’s eligibility to be considered for employment. Documents required for legitimate business purposes which reveals protected information (such ass birth certificates, naturalization papers, or medical histories) may be requested after a job offer is made, not before. Federal and state law prohibit all employers of 25 or more persons (15 or more as of July 26, 1994) from requiring physical examinations prior to the point of hire. (The point of hire is reached once the employer has decided to hire and so informs the applicant).

This guide is not intended to be an exhaustive compilation of all acceptable and unacceptable inquiries. The examples listed are representative of questions frequently asked. Those considered unacceptable are likely to limit the employment opportunities of persons protected by the Fair Employment and Housing Act. Answers to questions on pre-employment inquiries can be obtained by calling the Department of Fair Employment and Housing.

COLLECTING APPLICANT FLOW DATA

It is not unlawful for an employer to collect applicant flow and other record keeping data for statistical purposes. Employers are encouraged to solicit this information on a voluntary basis in order to comply with federal and state requirements and to facilitate affirmative action efforts.

The material should be collected on a separate form or tear-off portion of the application and be filed separately. Misuse of this data constitutes a violation of the Fair Employment and Housing Act.

Sample Questions

APPLICATION FOR EMPLOYMENT

Personal Information
Date
Name
Present address
Permanent address
Telephone number
Referred by

Employment Desired
Position
Date you can start
Are you employed now?
If so, may we inquire of your present employer?
Have you every applied to this company before? Where? When?

Education
Name and location of school
Did you graduate?
Subjects studied
(For elementary school, high school, college, trade, business or correspondence school)
Subjects of special study or research work
Activities (you may exclude those which indicate race, creed, sex, marital status, age, color, national origin, or mental or physical disability)

Former Employers
Date (from/to)
Name and address of employer (List employers, starting with most recent)
Position
Reason for leaving 

References
Name
Address
Business
Years acquainted

Other
In case of emergency notify (name, address, telephone number)
I authorize investigation of all statements contained in this application.

Signature and date

Published by the State of California Department of Fair Employment and Housing:
For more information, contact the Department of Fair Employment and Housing at 1-800-884-1684
TAD Number (800) 700-2320