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What you cannot ask applicants

Job applicants have legal rights, even before they become employees. Under federal law, an employer cannot illegally discriminate in its hiring process based on a job applicant's race, national origin, gender, pregnancy status, age, disability, or religion. State and local laws may specify additional protected classes based on factors such as the sexual orientation of a job applicant.

Employers cannot ask about:

  • Whether the applicant has children or intends to have children
  • Marital status
  • Race
  • Religion
  • Sexual preference
  • Age (other than inquiring whether over the age of 18)
  • Disability status
  • Citizenship status
  • Questions concerning drug or alcohol use

Note: CareerPlug does not offer legal advice and you should always consult with your legal counsel to ensure your hiring practices are in compliance with federal, state, and local laws.