Holly is an HR Professional for her organization and she's creating a new application for employee candidates. On Holly's application form which item is allowed?

Asking about race on an application constitutes an unlawful pre-employment inquiry under Title VII of the Civil Rights Act of 1964, as it could be used as a basis for discriminatory hiring decisions.

Requesting gender information on an application is a prohibited pre-employment inquiry under Title VII and the Equal Pay Act, as it targets a protected characteristic.

Employers are permitted to include a background check authorization and consent form as part of the application process, provided it complies with the Fair Credit Reporting Act (FCRA) requirements such as a standalone disclosure. This is a lawful, job-neutral inquiry that does not solicit protected-class information.

Sexual orientation is a protected characteristic under Title VII as interpreted by the Supreme Court in Bostock v. Clayton County (2020), and soliciting this information on an application is an unlawful pre-employment inquiry.