State Laws

Age

When hiring employees, you cannot ask you how old a job applicant is, or any other questions that would indicate how the applicant is, because those questions are prohibited by laws against age discrimination. For example, when hiring employees, you probably can't ask the applicant's high school graduation date or how old he or she was when President Reagan was elected.

But the applicant's age doesn't stay a secret from you forever. After you've hired the worker, you can ask for the employee's birth date if you need that information to know, for example, eligibility for retirement benefits.

Sex

Generally, you cannot ask about a job applicant's sex on an application form, because that is prohibited by laws against sex discrimination when hiring employees. Also, you can't ask an applicant if she is pregnant.

Sexual Orientation

There is no federal law that forbids an employer from asking about an applicant's sexual orientation. However, some states and cities have laws that prohibit discrimination based on sexual orientation.

Prior criminal activity

Some states have laws restricting questions about prior criminal activities. Generally, you may ask if an applicant has been convicted of a crime. However, state or local law might prevent you from asking if an applicant has been arrested. If you have questions about hiring employees, consult with a business lawyer in your area.


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