By Patrice Barry, Operations Manager - Genius Solutions, Inc.
There are several federal laws involving all 50 states that limit what employers can ask on employment applications and in interviews. A wrong question can land an employer in court for discrimination.
It seems that every year the process of interviewing and hiring becomes scarier. The federal laws are to protect applicants from discrimination based on numerous protected classes such as race, national origin and age.
TIP: Create your questions ahead of time so you will not veer off course and into trouble. Some basic DOs and DON’Ts that can help you clean up your application forms and interview questions.
Remember: Questions Aren’t Illegal; It’s How You Use the Answers. The way in which questions are phrased is very important. The following are examples of acceptable and unacceptable interview and application questions.
Protected Age Group
(e.g., dates of graduation may reveal that the applicant is over 40 years old).
NO: How old you?
You may want to ask, are you over the age of eighteen?
NO: When did you graduate from high school?
You may want to ask what schools have you attended?
Race
NO: Do not ask about an applicant’s race or ethnic origin. Also, do not request a photograph or inquire about physical attributes.
National Origin
NO: Do not ask applicants to reveal their national origin, citizenship, or Social Security number.
You may ask if the applicant is eligible to work in the U.S.
NO: Are you a U.S. Citizen?
You may want to ask, are you lawfully employable in the United States either by virtue of citizenship or by having authorization from the INS and the Labor Department?
Disability
To comply with the ADA, do not ask questions about:
NO: Specific diseases
NO: Sick Days - Number of days the applicant was sick in the previous year
NO: Workers’ compensation injuries or claims
NO: Mental health problems and history
NO: Past addiction to drugs or extent of past illegal drug use (current illegal use may be questioned)
Yes: Once you make a job offer, you may ask the applicant to be drug tested.
Yes: Once you make a job offer, you may require a medical examinations and make medical inquiries before the candidate begins work
Gender
NO: Do not ask about a person’s gender; marital status; spouse’s name, maiden name, preference for “Miss,” “Mrs.,” or “Ms.”; or pregnancy, family plans, and child care arrangements.
Religion
NO: Do not inquire about religious holidays observed.
Yes: You may ask about the ability to work on weekends or holidays if availability is job-related. However, you may have to accommodate applicants whose religious observance conflicts with work schedules.
Military Status
While you may ask about job-related military experience or training, you should not inquire about a candidate’s military status or type of military discharge.
Arrest or criminal record
The Equal Employment Opportunity Commission (EEOC) takes the position that asking if the potential employee has ever been arrested is improper unless the potential employee is being considered for a “security sensitive” job. The EEOC also says that questions about the potential employee’s conviction record are improper unless the employer can show that the conviction is in some way related to the position being applied for.
Financial status
Do not ask about a candidate’s financial status (unless job-related), past pay garnishments, or bankruptcy. You may perform credit checks, as allowed by the Fair Credit Reporting Act.
Legal off-duty activities
Do not inquire about smoking or other legal, but unhealthful or dangerous, activities that the applicant may engage in off-duty.
To prevent any inference of discrimination or improper motive, all questions should relate to the candidate’s ability to perform the job. Thus, you should focus on past experience, relevant education, prior employment, and the job duties of the particular position.
***This list is not all-inclusive, nor is it intended to replace the advice of an attorney.***
No comments:
Post a Comment