Pre-Employment Inquiries (General)

As a general rule, the information obtained and requested through the pre-employment process should be limited to those essential for determining if a person is qualified for the job; whereas, information regarding race, sex, national origin, age, and religion are irrelevant in such determinations.

Employers are explicitly prohibited from making pre-offer inquiries about disability.

Although state and federal equal opportunity laws do not clearly forbid employers from making pre-employment inquiries that relate to, or disproportionately screen out members based on race, color, sex, national origin, religion, or age, such inquiries may be used as evidence of an employer's intent to discriminate unless some business purpose can justify the questions asked.

Therefore, inquiries about organizations, clubs, societies, and lodges of which an applicant may be a member or any other questions, that may indicate the applicant's race, sex, national origin, disability status, age, religion, color, or ancestry if answered, should generally be avoided.

While employers should not ask for a photograph of an applicant, ERAS requires one, so discrimination may be unavoidable. 

Always be truthful with an applicant when you are asked questions about the residency. It serves neither the applicant nor the program to be less than forthcoming about the realities they will encounter if they match into the program.