If you ask the incorrect questions to job prospects, you may find yourself facing a discrimination lawsuit. Discover how to keep on track.
What you’ll discover:
What is discrimination?
What NOT to inquire about
Concentrate on your work obligations.
Take precautions while taking exams.
Evaluate your employment procedure on a regular basis.
At job interviews, pay attention to yourself. If you ask the incorrect questions to applicants, you may end yourself answering a discrimination lawsuit.
When you interview a job applicant, you are acquiring information, most of which is not written down. Arrives the applicant on time? Should you go right to the point or linger with “ums” and “ahs”? Of course, the candidate’s replies will help you determine whether or not he or she has the requisite abilities for the position. Isn’t it true that the more knowledge you have, the better? Nope! There are certain things you should not know about a candidate. Answering the incorrect questions might put you at risk of being sued for discriminatory recruiting practices.
Not sure what constitutes discrimination? Here are some recommendations to help you get the necessary information without jeopardizing your legal standing.
Table of Contents
What is discrimination?
Discriminatory questions aim to classify applicants unjustly based on specified qualities. Specifically, federal regulations, as implemented by the United States Equal Employment Opportunity Commission (EEOC), prohibit employers from making employment decisions based on a candidate’s:
Race, color, sex (or whether or not the applicant is pregnant), age, national origin, handicap, or religious affiliation are all prohibited.
Several states additionally ban discrimination and harassment on the basis of sexual orientation, parenthood, marital status, or political affiliation.
What NOT to inquire about
Starting up a conversation about these areas may supply you with information that may be used to exclude an applicant from getting employed, which constitutes discrimination. To protect yourself as an employer, avoid collecting this information in the first place. It is advisable to avoid specific interview questions. Yet, avoiding prejudiced queries is not always easy.
Which of these interview questions, for example, may assist you in gathering information that could be used to discriminate?
a) What are your long-term objectives?
c) How long did you work at your previous job?
b) Where do you come from?
c) Do you have the ability to travel for work?
f) Have you completed high school?
C is the right answer. Surprisingly, it’s a common first-date, networking event, or other social scenario get-to-know-you question. But, in the context of a job interview, it is prohibited since it may reveal information about a candidate’s national origin, which is a protected category.
Among the other questions to avoid are:
When did you get your diploma from college? (age)
What is your family size? (status as a parent)
Are you expecting or intend to get pregnant? (sex/pregnancy)
Are you a U.S. citizen? (country of origin)
Which holidays do you need time off for? (religion)
These are only a few instances; there are several more. While it’s difficult to recall all of the questions that may trip you up, here are some pointers for keeping your interview questions focused on what you truly need to know while avoiding any legal issues.
Concentrate on your work obligations.
What you may and cannot ask in an interview is determined by the employment criteria. In one environment, a question that is entirely fine may be deemed discriminatory in another. For example, if a position demands certain physical talents, such as the ability to carry a 50-pound box, it may be appropriate to inquire about a candidate’s physical limits. Yet, if the job does not demand any unique physical abilities, inquiring about the candidate’s physical health may be considered discriminatory.
Determine all of the skills and talents that the applicant need prior to the interview and precisely customize the questions to suit those requirements.
Take precautions while taking exams.
Several businesses require applicants to take aptitude tests. A data entry employment, for example, may need a rudimentary grasp of computers. You may be able to compel applicants to conduct activities that will put their computer abilities to the test. Requiring such a test for vocations that do not need computer literacy, such as truck driver, may be deemed discriminatory.
If you decide to use a test as part of your recruiting process, be sure that the abilities being tested are truly required for the job you are looking to fill. Provide documentation that explains how the abilities connect to the job.
Evaluate your employment procedure on a regular basis.
In fact, questions and activities that look non-discriminatory in principle may be discriminatory. The EEOC requires you to assess your recruiting methods in order to guarantee that your applicant pool is as varied as feasible. If it looks that your recruiting processes exclude individuals who possess one of the traits indicated above, you must change your hiring policies.