ABA Family Legal Guide

Law and the Workplace

The Hiring Process

Does federal law prohibit any specific questions?

Yes. The ADA prohibits an employer from asking an applicant whether he or she has a disability or inquiring into the nature or severity of a disability (though the employer may ask questions about the applicant's ability to do the job). The National Labor Relations Act (NLRA) prohibits employers from questioning employees about union membership or activities. Neither Title VII nor the Age Discrimination in Employment Act (ADEA) prohibits any specific questions. An employer, however, should not ask questions that may imply discrimination. Moreover, some state laws, such as those in West Virginia, expressly prohibit certain types of preemployment questions, such as questions about marital status or number of dependents.