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Do your employment application forms ask illegal questions? Some questions on application forms have been found to be discriminatory.

Relying on standard application forms from a service company, printer, or forms supplier is no guarantee that you will not run afoul of the law by asking questions on your forms that may be illegal. To stay in compliance with the law, make sure that each question on your application forms is relevant to the applicant’s abilities to perform the job in question. Even such seemingly benign and previously acceptable questions as "Are you married?" and "Where do you live?" may create problems for you under the law. To avoid pitfalls in your application forms, have your human resources manager or legal counsel routinely review your application form.

Here are examples of some questions that should not be asked because they have been found to be discriminatory or may have a discriminatory effect :

  • How old are you or what is your date of birth?
  • Are you single or married?
  • Do you own or rent a home?
  • Are you a U.S. Citizen?
  • Do you have a handicap or disabilities?...just to name a few


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    The HR Library has more helpful application forms resources like these:

    Application Forms Checklist

    When age-related questions are acceptable

    Application Forms Regulatory Analysis by State

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    HR Daily Advisor
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