To administer its responsibilities, the EEOC accepts writtencharges filed against an employer alleging that it has engaged inunlawful employment practice in violation of Title VII or otherfederal civil rights laws and has the power to bring suits,subpoena witnesses, issue guidelines which have the force of law,render decisions, provide legal assistance to complainants, etc.,in regard to fair employment.
To take a closer look at just one of the areas of employment theEEOC monitors, read the following list of topics you’re prohibitedfrom discussing with a job applicant, either on the applicationform or during an interview:
- Age or date of birth (except when necessary to satisfyapplicable age laws)
- Sex, race, creed, color, religion or national origin
- Disabilities of any kind
- Date and type of military discharge
- Marital status
- Maiden name (for female applicants)
- If a person is a citizen; however, you can ask if he or she,after employment, can submit proof of the legal right to work inthe United States
Other questions to avoid:
- How many children do you have? How old are they? Who will carefor them while you’re at work?
- Have you ever been treated by a psychologist or apsychiatrist?
- Have you ever been treated for drug addiction oralcoholism?
- Have you ever been arrested? (You may, however, ask if theperson has been convicted if it’s accompanied by a statement sayingthat a conviction will not necessarily disqualify an applicant foremployment.)
- How many days were you sick last year?
- Have you ever filed for workers’ compensation? Have you everbeen injured on the job?
Basically, you can’t ask about anything directly related to thejob. When in doubt whether a question or comment is offensive ornot, play it safe and zip your lip. In today’s lawsuit-happyenvironment, an offhand remark could cost you plenty.
