I don't know if that's one of the no-no questions to ask. it's usually religion, race, sex, marriage, pregnancy, that kind of stuff. I am pretty sure any type of academics is fair game. the ERAS packet IS your academic stats and they can ask anything on there, including the box "did you take the usmle". there's a list that's not suppose to be asked but regardless, whistle blow on the program that you're trying to get into.....yeah that's going to go over about as well as a fart in church.
here's a study published sept 2010 on the subject by acgme. aoa runs by it's own set of rules but when it comes to civil liberties, it'll run parallel with acgme
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2951770/
Results
Ninety percent of the 63 respondents in the study remember being asked at least one potentially discriminatory question. Among these, students were asked about their marital status (86%), about children (31%), about plans for pregnancy (10%), where they were born (54%) and/or about their national origin (15%), and about religious and ethical beliefs (24%). The majority of students did not think the questions changed their decision to rank the program, although the questions changed the way some students ranked the program, either lowering or raising the rank.