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All prospective ICs should fill out the Independent Contractor Questionnaire contained in Appendix 2 and on the CD-ROM, and they should provide the required documentation. Do not have an IC fill out an employment application; this makes the worker look like an employee.

The Contract Administrator should review the questionnaire and documentation with the IC during an initial interview.

Questions You Shouldn’t Ask

Federal and state laws bar employers from asking certain types of questions in interviews or on employment applications. It’s wise to also follow these rules when you interview ICs, even though these laws don’t apply to ICs. For example, the Americans with Disabilities Act prohibits most pre-employment questions about a disability. In addition, the Civil Rights Act forbids you to ask about an applicant’s race, marital status, gender, birthplace or national origin. There are also restrictions concerning questions about an applicant’s age, arrest record, citizenship and affiliations.