Know your Rights in the Job Application Process

Federal law prohibits employers from asking certain questions on a job application or during an interview. For instance, you cannot be asked questions about your marital or parenting status, race, ethnicity, sexual orientation or religion (unless the program is faith-based).

The following list provides some examples of questions your potential employer can and cannot ask you during the application process.

YES: Describe your experiences with children.
NO: Do you have any children? Are you pregnant? Considering having children? Do you have child care arrangements for your children? Are you married (or any questions about marital status)?

YES: What is your address? How long have you lived at that address?
NO: Do you rent or own your home?

YES: If you are hired, can you prove that you have a legal right to work in the US? What languages do you speak, read or write?
NO: Are you, your parents or your spouse US citizens? What is your nationality? How long have you been in the US?

YES: Are you able to lift X pounds?
NO: Any questions about your height or weight.

YES: Have you ever been convicted of a crime?
NO: Have you ever been arrested?

YES: Are you over 18 years of age? If you are under 18 and I hire you, can you provide a work permit?
NO: What is your age? When did you graduate from high school?

YES: Are you physically able to perform the specific duties of the job? If you have any limitations, what can be done to accommodate them? Are you able to move heavy equipment and lift children?
NO: Do you have a medical disability of any kind? Have you ever received worker's compensation? How is your general physical health?

How to respond if a potential employer asks you any NO questions Technically, the employer can be sued for asking inappropriate questions. However, suing someone is a very long and expensive process, so consider some alternatives:

• Simply state that you do not feel that your personal life will interfere with your job performance.
• Restate questions to address the interviewer's underlying concern without discussing your private life when the interview asks about your family, he/she's probably trying to gauge your commitment to your work.
• Offer to share your references to support your claims.
• State that these questions are in violation of the law.

Adapted from Caring for California's Children: A Career Guide for Students, Job Seekers, and their Counselors. For further information, contact the Children's Council of San Francisco at 415-243-0700.