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It's perfectly legal to ask.

It is however an invitation for legal trouble, because it will change the presumption of discrimination. If the question isn't asked, then the employer doesn't know, and thus it isn't possible that the information could have been used in a way that harms a protected class. (like race, religion, over-40, Vietnam veteran, sex, etc.)

Yes, you can ask about all that stuff. You can ask if somebody is a Mormon or a Jew or whatever. Your boss will probably be unhappy, because then it becomes an uphill battle to show that you didn't use the answer to discriminate against a protected class.




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