Pre-Employment
Inquiry
Guide:
Introduction:
Nevada Revised Statute
defines state law in regards to equal employment opportunities, and
lawful and unlawful employment practices. These laws apply to
employers, employment agencies, and labor organizations as defined in
NRS 613.310. Employment practices based on an individual's race, color,
religion, sex, age, disability or national origin are unlawful.
The Nevada Equal Rights
Commission has jurisdiction over complaints filed with the commission
alleging unlawful employment practices. An aggrieved person may also
choose to file a complaint with the Federal Equal Employment Opportunity
Commission.
This Guide to
Pre-Employment Inquiries is provided to assist both employers and
employees to better understand the law regarding employment
discrimination. It is not
unlawful
under
Nevada
law
to
ask
questions
bearing
on
the
following
subjects.
However,
in
determining
whether
or
not
an
unlawful
employment
practice
has
occurred,
the
presence
of
certain
questions
may
be
strong
evidence
of
discrimination.
Employers
should
also
check
applicable
federal
regulations
such
as
Title
VII
of
the
1964
Civil
Rights
Act,
and
affirmative
action.
By
reference
to
this
guide,
employment
discrimination
may
be
lessened.
Other
questions
regarding
pre-employment
inquiries
should
be
addressed
to
Nevada's
Equal
Rights
Commission.
One
of
the
most
effective
ways
to
ensure
sound
employee
selection
procedures
and
to
avoid
unlawful
discrimination
is
for
employers
to
carefully
develop
written,
job-related
position
descriptions
outlining
required
skills
and
abilities
for
each
position.
The
purpose
of
a
sound
selection
process
is
to
obtain
good
employees
who
can
meet
specific
work
requirements
and
perform
particular
job
duties.
A
person's
race,
sex,
disability,
color,
religion,
age
or
national
origin
are
not
indicators
of
an
individual's
potential
to
be
a
good
worker.
Keeping
in
mind
only
specific
job
requirements
and
pertinent
skills
required
to
perform
a
particular
job,
employers
may
elicit
adequate
information
on
their
employment
applications
to
aid
in
making
a
good
selection.
Employers
can
deprive
themselves
of
valuables
employees
by
stereotyping
rather
than
selecting
applicants
on
an
individual
basis.
In
screening
employment
applicants,
assumptions
should
not
be
made
based
on
an applicant's
identity
or
status.
For
example,
it
should
not
be
assumed
that
because
a
woman
has
small
children
she
will
not
be
able
to
work
odd
hours.
The
issue
is
whether
she
can,
in
fact,
work
odd
hours
and
not
whether
she
has
children.
Therefore,
the
applicant
should
be
asked
directly
whether
she
can
work
odd
hours
and
not
if
she
has
children.
It
is
essential
that
employers
carefully
examine
the
job-relatedness
of
all
questions
and
develop
different
employment
applications
for
different
job
groups.
For
example,
more
detailed
information
is
needed
for
a
highly
technical
computer
position
than
for
a
manual
labor
position.
Pre-Employment
Inquiry
Guidelines:
|
Acceptable |
Subject |
Unacceptable |
Name.
"Have
you
ever
used
another
name?"
or
"Is
any
additional
information
relative
to
change
of
name,
us
of
an
assumed
name,
or
nickname
necessary
to
enable
a
check
on
your
work
and
education
record?
If
yes,
please
explain." |
Name |
Maiden
name. |
|
Place
of
residence |
Residence |
"Do
you
own
or
rent
your
home?" |
Statement
that
hire
is
subject
to
verification
that
applicant
meets
legal
age
requirements.
"If
hired
can
you
show
proof
of
age?"
"Are
you
over
18
years
of
age?"
"If
under
18,
can
you,
after
employment
provide
a
work
permit?"
|
Age |
Age.
Birth date.
Dates
of
attendance
or
completion
of
elementary
or
high
school.
Questions
which
tend
to
identify
applicants
over
age
40. |
|
"Can
you,
after
employment
submit
verification
of
your
legal
right
to
work
in
the
United
States?"
or
Statement
that
such
proof
may
be
required
after
employment. |
Birthplace
Citizenship |
Birthplace
of
applicant,
applicant's
parents,
spouse,
or
other
relatives.
"Are
you
a
U.S.
citizen?"
or
Citizenship
of
applicant,
applicant's
parents,
spouse,
or
other
relatives.
Requirements
that
applicant
produce
naturalization,
first
papers,
or
alien
card
prior
to
employment. |
|
Languages
applicant
reads,
speaks,
or
writes. |
National
Origin |
Questions
as
to
nationality,
lineage,
ancestry,
national
origin,
descent,
or
parentage
of
applicant,
applicant's
parents,
or
spouse.
"What
is
your
mother
tongue?"
or
Language
commonly
used
by
applicant.
How
applicant
acquired
ability
to
read,
write
or
speak
a
foreign
language. |
|
Name
and
address
of
parent
or
guardian
if
applicant
is
a
minor.
Statement
of
company
policy
regarding
work
assignment
of
employees
who
are
related. |
Sex,
Marital
Status,
Family |
Questions
which
indicate
applicant's
sex
or
martial
status.
Number
and/or
ages
of
children
or
dependents.
Provisions
for
child
care.
Questions
regarding
pregnancy,
child
bearing, or
birth
control.
Name
or
address
of
relative,
spouse,
or
children
of
adult
applicant.
"With
who
do
you
reside?"
or
"Do
you
live
with
your
parents?" |
| . |
Race,
Color |
Questions
as
to
applicant's
race
or
color.
Questions
regarding
applicant's
complexion
or
color
of
skin,
eyes,
hair. |
|
Statement
that
photograph
may
be
required
after
employment. |
Physical
Description
Photograph |
Questions
as
to
applicant's
height
and
weight.
Require
applicant
to
affix
a
photograph
to
application.
Request
applicant,
at
his
or
her
option,
to
submit
a
photograph.
Religious
days
observed
or
"Does
your
religion
prevent
you
from
working
weekends
or
holidays?" |
|
After
making
an
offer
of
employment
and
before
the
applicant
begins
to
work,
the
employer
may
condition
the
offer
on
the
results
of
a
physical
examination,
if
all
employees
in
the
same
job
category
are
subjected
to
such
an
examination. |
Physical
Condition
Disability |
Questions
regarding
applicant's
general
medical
condition,
state
of
health,
or
illnesses.
Questions
regarding
receipt
of
Worker's
Compensation.
"Do
you
have
any
physical
disabilities?"
"Do
you
have
any
physical
conditions
or
disability
which
may
limit
your
ability
to
perform
the
job
applied
for?
If
yes,
what
can
be
done
to
accommodate
your
limitation?" |
|
Statement
by
employer
of
regular
days,
hours,
or
shifts
to
be
worked. |
Religion |
Questions
regarding
applicant's
religion.
Religious
days
observed
or
"Does
your
religion
prevent
you
from
working
weekends
or
holidays?" |
| "Have
you
ever
been
convicted
of
a
felony,
or,
within
(specified
time
period)
a
misdemeanor
which
resulted
in
imprisonment?"
(Such
a
question
must
be
accompanied
by
a
statement
that
a
conviction
will
not
necessarily
disqualify
applicant
from
the
job
applied
for.) |
Arrest,
Criminal
Record |
Arrest
record
or
"Have
you
ever
been
arrested?" |
|
Statement
that
bonding
is
a
condition
of
hire. |
Bonding |
Questions
regarding
refusal
or
cancellation
of
bonding. |
|
Question
regarding
relevant
skills
acquired
during
applicant's
U.S.
military
service. |
Military
Service |
General
questions
regarding
military
services
such
as
dates,
and
type
of
discharge.
Questions
regarding
service
in
a
foreign
military. |
| . |
Economic
Status |
Questions
regarding
applicant's
current
or
past
assets,
liabilities,
or
credit
rating,
including
bankruptcy
or
garnishment. |
| "Please
list
job-related
organizations,
clubs,
professional
societies,
or
other
associations
to
which
you
belong-omit
those
which
indicate
your
race,
religious
creed,
color,
national
origin,
ancestry,
sex,
age,
or
disability." |
Organizations,
Activities |
"List
all
organizations,
clubs,
societies,
and
lodges
to
which
you
belong." |
|
"By
whom
were
you
referred
for
a
position
here?"
Name
of
persons
willing
to
provide
professional
and/or
character
references
for
applicant. |
References |
Questions
of
applicant's
former
employers
or
acquaintances
which
elicit
information
specifying
the
applicant's
race,
color,
religious
creed,
national
origin,
ancestry,
physical
disability,
medical
condition,
martial
status,
age,
or
sex. |
Name
and
address
of
person
to
be
notified
in
case
of
accident
or
emergency.
|
Notice in
case of
Emergency |
Name
and
address
of
relative
to
be
notified
in
case
of
accident
or
emergency. |
Note:
- An employer may have a
bonafide occupational qualification on the basis of religion, national
origin, sex or height and weight; however, the employer must assume
the burden of establishing that the qualification is reasonably
necessary or essential to the normal operation of the business.
In the absence of business necessity, a selection criterion should not
be used if it has a disproportionately burdensome effect, or disparate
impact upon those of a particular race, color, national origin, sex,
age, height, weight, or disability.
- It is not unlawful for
an employer to collect applicant-flow and other record-keeping data
for statistical purposes. Employers are encouraged to solicit this
information on a voluntary basis in order to comply with federal and
state requirements and for affirmative action efforts.
It
is
recommended
that
material
of
this
nature
be
collected
on
a
separate
form
or
tear-off
portion
of
the
application
and
be
filed
separately.
The
Nevada
Equal
Rights
Commission
works
in
cooperation
with
the
U.S.
Department
of
Housing
and
Urban
Development
(HUD)
and
U.S.
Department
of
Justice
in
the
administration
and
referral
of
complaints
regarding
discrimination
in
housing
and
public
accommodations.
- An
equal
opportunity
employer/program
- Auxiliary
aids
and
services
are
available
upon
request
for
individuals
with
disabilities
- Telecommunication
Device
for
the
Deaf:
1-800-326-6868
or
voice
relay
1-800-326-6888
|
