Too many camp directors seem to be unaware of their obligations as employers and particularly the restrictions that employment laws place on employer inquiries. Even minors, when they are on payroll and providing services for the camp, must be accorded the full panoply of employment protections. This means that camp directors must familiarize themselves with what information they are permitted or required to gather from and provide to applicants and employees at each stage of the hiring, onboarding and employment process.

Impermissible Inquiries Pre-Hire

When assessing job applicants, employers should be focused on gathering information about how the applicants will perform in the job. Questions about skills and experience, and inquiries designed to gauge such characteristics as empathy, responsiveness, and commitment are all appropriate. Questions that pertain to protected characteristics are not appropriate.

This means that the following are not permissible at the application stage:

• Asking an applicant’s age (beyond confirming if the individual has working papers if under age 18);
• Asking about physical or mental health limitations (beyond confirming that the individual will be able to perform the essential functions of the job, with or without an accommodation);
• Asking about religious practices; and
• Asking about citizenship (beyond confirming the individual is legally authorized to work in the United States).

That which cannot be asked directly also cannot be asked...

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