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DO and DON'T on a call

Don't Ask--

Only with the individual's consent:
--School, college records


Yes:--Social Security number
--Performance at prior workplace
--Credit report (but with notice to the applicant in California, Minnesota, Rhode Island, Vermont).
(Under federal regulations, credit inquiries that tend to have a disparate impact on minority applicants, disabled persons or women may be closely scrutinized.)



Generally Yes:
--Smoke at home
(The question could lead to a lawsuit; 31 states ban policies prohibiting off-duty smoking.)
--Political affiliation
(Some states ban discrimination on this basis and political affiliation may not be used for discriminatory purposes in federal-government employment.)

Yes:
--Ability to perform certain functions
**The Americans with Disabilities Act governs these inquiries.
Only after a job offer and only if all are treated the same:
--Medical examination
--Medical conditions
--Urine test for drug use (13 states have further restrictions)

Never:--Disabilities
--HIV status
--Prescription medicines taken
**The Americans with Disabilities Act governs these inquiries.

No:--Union activities or membership
--Polygraph or honesty test
--Genetic information (in 31 states)

Yes:
--Been arrested
(If the inquiry is job related. But some states prohibit inquiries about arrests.)
--Been convicted
(If the inquiry is job related. A very few states prohibit inquiries about certain convictions.)
**This is governed mainly by federal law, secondarily by state laws.


Usually Yes:--Sexual orientation
(But some states and cities prohibit discrimination based on this, as is the case in federal employment. Still, even in the absence of a regulation, such an inquiry could trigger a lawsuit.)
Never:
--Religion
**The Civil Rights Act of 1964 and regulations and court cases stemming from it govern these inquiries.

Never(if asked only of women or used for impermissible purpose):
--Marital Status
--Had an abortion
--Planning a family
--Pregnancy
**Amendments to the federal civil rights laws govern these inquiries.

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