Monday, April 2, 2012

Illegal job interview questions...Let's not go there!


You might be thinking of adding to or replacing someone on your staff. If you are, it’s important to remember that not all job interview questions are created equal. To keep yourself free of unwanted litigation and the cost and heartburn that comes with it, avoid questions deal with the following: 
  • Race. It is illegal to make hiring decisions based on race. That means you don’t ask any questions that deal with race. 
  • Gender. It is illegal to ask questions about gender even if you can’t determine by observation the gender of the individual you are interviewing. 
  • Religion. Not only should you avoid questions that deal with religious beliefs, you can’t ask questions about holidays they celebrate or religious institutions to which they might belong. 
  • Marital status. Don’t ask if someone is married, divorced, engaged, or cohabitating. Don’t ask how many times a person has been married. It is just as illegal to make an employment decision based on the perception of their marital status as it is on the actual status itself. 
  • Family status. You may not ask about the persons family or plans for a family. You many not ask about the number of children they have or intend to have. You may not ask about childcare arrangements. Keep in mind that it is illegal to refuse to hire a pregnant woman based on her pregnancy. 
  • Age. Don’t ask about age. If a job candidate is over 40, he or she is in a protected class and cannot be discriminated against based on age. 
  • Physical disability. It is illegal to discriminate against people based on their disability. Questions may only address an individual’s ability to do the job. A physical examination may be required, but only after a job offer is extended and only if all employees are required to receive the same exam. 
  • Ethnic origin. No questions about an employee’s ethnicity or ancestry may be asked. Country of origin. It is illegal to ask about an individual’s country of origin. It is legal and mandated that an employer ask all potential employees if they are eligible to work in the US. 
  • Sexual orientation. In most states it is illegal to discriminate based on sexual orientation. 
  • Military status. It is illegal to ask about a candidate’s discharge status or about his or her current or potential service obligation.
This blog post is provided by Allen Miller and Business Advantage International. For assistance in dealing with human resources issues including organization effectiveness, training, compensation, and compliance, call Allen at 801.444.9919.  

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