May we ask applicants about their religion? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

May we ask applicants about their religion?

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in Discrimination and Harassment,Hiring,Human Resources

Q. When, if ever, can our company legally ask an applicant about his or her religious affiliation?

A. In general, employers should avoid questions about an applicant’s religious affiliation or beliefs because such questions usually are not job-related.

Title VII permits employers that are not religious organizations to hire and employ employees on the basis of religion only if religion is “a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of that particular business or enterprise.” Questions about religious affiliation might therefore be appropriate if religion is a BFOQ.

They might also be appropriate if an employee asks for an accommodation of his or her religious beliefs.

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