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<br />Discriminatory Questions <br /> <br />The following is a list of questions commonly asked in public and private job situations. <br />Each of them inquires into a factor which might be considered in a manner that could <br />violate Title VII of the Civil Rights Act of 19640 or another law aimed at achieving equal <br />employment opportunities for all. Be aware if you inquire into any of these factors that you <br />are running the risk of encouraging unlawful discrimination and of proving evidence which <br />may be used by complainants in providing charges of discrimination made against the <br />employer. <br /> <br />L Age? Date of Birth? <br /> <br />The Age Discrimination in Employment Act (29 U.S.c. 621S40) prohibits discrimination <br />on the basis of age against individuals who are over 400. Thus, the answer to this <br />question could be used unlawfully. <br /> <br />2. Arrests and Convictions? <br /> <br />Consideration of arrest records is almost certainly unlawful. An arrest is no indication <br />whatsoever of guilt. The conviction question implies a bar of employment to an <br />applicant who has a conviction record. <br /> <br />s. Children under the age of IS? Number of children? Age of children? <br /> <br />The purpose of these questions is to explore what the employer believe to be a common <br />source of absenteeism and tardiness. The u.s. Supreme Court has ruled that Title VII <br />prohibits an employer from distinguishing between applicants with children and those <br />without. <br /> <br />40. Credit Record? <br /> <br />Consideration of these factors has a potentially adverse effect and is probably unlawful <br />unless required by consideration of business necessity. The u.S. Department oflabor <br />has also recognized the potential for discrimination in the consideration of credit <br />records. <br /> <br />5. Marital Status? <br /> <br />Some employers have refused to hire based on marital status. This practice clearly <br />violates Title VII of the 19640 Civil Rights Act. An employer may not refuse to hire <br />anyone based on their opinions or beliefs about marriage, families or marital status. <br /> <br />6. Spouse's Work? <br /> <br />This question is illegal under Title VII as well since it implicitly asks about marital <br />status and also puts some women at a disadvantage because at times employers who are <br />reluctant to hire a woman if she would be a second breadwinner earning more in her <br />family. <br /> <br />13 <br />