Can an employer ask about an applicant’s sexual orientation?
An employer may not make any inquiry in connection with prospective employment that expresses any limitation, specification, or discrimination as to sexual orientation, or any intent to make such limitation, specification, or discrimination. Because an applicant’s sexual orientation is not a permissible consideration in employment, an employer should have no reason to inquire about the sexual orientation of any applicant. By the same token, if an employer is asked to give a reference for a former employee, under no circumstances should the employee’s sexual orientation be disclosed. The WSHRC discourages any pre-employment inquiries that might be used as proxy measures for discriminatory information. “Lifestyle” questions might be used in this way.
