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Ten Questions You Should Not Be Asking Your Applicants

 By Kenneth Gage, Day Berry & Howard LLP
 
   

“How old are you?” – Federal and state law prohibit hiring decision from being made on the basis of age.

“Have you ever been arrested?” – Arrest records may not be inquired into; convictions can be.

“Did you enter college out of high school?” – Questions about a person’s education or experience that tend to elicit an applicant’s age should not be asked.

“Have you ever filed for workers’ compensation?” – Employers cannot ask about an applicant’s history of filing workers’ compensation claims.

“How many days were you sick last year?” – Employers many not make “disability-related” inquiries, or pose any questions likely to elicit information about a disability.

“What is the origin of your name?” – Questions relating to a person’s national origin or ancestry are prohibited.

“What holidays do you observe?” – Employers may not ask any questions relating to an applicant’s religion.

“Do you intend to have children?” – Employers many not ask questions relating to the sex of an applicant or questions stereotypically directed at one sex only.

“Do you have a significant other?” – Employers in Connecticut may not discriminate on the basis of sexual orientation. Therefore, questions, which might elicit such information, are prohibited.

 “That a nice ring on your finger; are you married?” – Questions relating to a person’s marital status are prohibited.

For more information, contact Kenneth Gage, kwgage@dbh.com.

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