Use this guide to understand the lawful and unlawful questions you can ask throughout the pre-employment process per the Michigan Department of Civil Rights.
Address
- Lawful | Applicant's current and prior address
- Unlawful | Not Applicable
Age
- Lawful | Are you 18 or older?
- Unlawful | Applicant's age or date of birth
Arrests
- Lawful | Have you ever been convicted of a crime? Have you ever been arrested for a felony?
- Unlawful | Misdemeanor arrests, which did not result in conviction, unless the applicant is seeking a position with a law enforcement agency.
Birthplace
- Lawful | Not Applicable
- Unlawful | Birthplace of applicant and applicant’s relatives; birth certificate, naturalization, and baptismal records, unless required by federal law.
Citizenship
- Lawful | Are you legally authorized to work in the United States?
- Unlawful | These questions are unlawful unless asked as part of the Federal I-9 process. Of what country are you a citizen? Are you a naturalized or native-born citizen? Are your parents or spouse naturalized or native-born citizens?
Disability
- Lawful | Ability to perform the essential functions of the job with or without accommodation.
- Unlawful | Physical or mental conditions which are not functions of the job, with or without/directly related to the requirements of an accommodation.
Education
- Lawful | Applicant’s academic, vocational, or professional education and schools attended.
- Unlawful |
Genetic Testing
- Lawful |
- Unlawful | Applicant’s genetic information; requiring the applicant to undergo genetic testing.
Height or Weight
- Lawful |
- Unlawful | Applicant’s height or weight.
Marital Status
- Lawful |
- Unlawful | Marital status or children; titles such as Mr., Mrs., or Ms.
Name
- Lawful | Applicant’s name; other names used by applicant.
- Unlawful | Applicant’s maiden name.
National Origin
- Lawful | Languages spoken and written by applicant.
- Unlawful | Applicant's lineage, ancestry, national origin, or nationality.
Notice in Case of Emergency
- Lawful | Name, address, and phone number of person to be notified in case of accident or emergency.
- Unlawful | Name, address, and phone number of a relative to be notified in case of accident or emergency.
Organizations
- Lawful | The organizations and clubs to which the applicant belongs, except as noted in the column on the right.
- Unlawful | Names of organizations to which an applicant belongs, if information would reveal the race, color, religion, national origin, or ancestry of the members of the organization.
Photograph
- Lawful |
- Unlawful | Applicant’s photograph prior to hire.
Race or Color
- Lawful |
- Unlawful | Applicant’s race, national origin, or color.
Religion
- Lawful |
- Unlawful | Religious denomination or affiliation; religious holidays observed.
Sex
- Lawful |
- Unlawful | Applicant’s gender; ability or desire to have children; child care arrangements.