State Laws

Your age

According to labor laws, potential employer cannot ask you how old you are or ask you any questions that would indicate how old you are, because that tends to show age discrimination. For example, your employer probably can't ask you when you graduated from high school or how old you were when President Reagan was elected.

But your age doesn't stay a secret from the employer forever. After you've been hired, your employer can ask you your birth date. Your employer might need that information to know, for example, when you are eligible for retirement benefits.

Your sex

Generally, labor laws state that an employer cannot ask about your sex on an application form, because that might constitute illegal sex discrimination. Also, your employer cannot ask if you are pregnant.

Your sexual orientation

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

Your prior criminal activity

Some states have labor laws restricting questions about prior criminal activities. Generally, if you have been convicted of a crime, you must include that information on a job application if you are asked. However, state or local law might prevent the employer from asking if you have been arrested (though the employer may ask if you were convicted). If you have questions, consult a labor law attorney in your area.

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