DO'S & DON'TS OF INTERVIEWING
Hiring new employees is an important aspect of almost every business. The hiring process can be stressful and time-consuming, and it becomes more complicated by the law’s imposition of strict rules regarding what an employer can and can’t ask in an interview. Although employers are often most concerned with the candidate’s ability to succeed in the open position, it is critical to consider how to go about soliciting the relevant information.
Federal and state laws requiring equal consideration of all candidates provide that interviewers only solicit information from a candidate that is related to his or her ability to perform the job — not related to the candidate’s legally protected personal characteristics or traits. Interviewers often ask seemingly harmless questions of applicants, seeking interesting or useful information, but these inquiries may be considered discriminatory under the law. Here is an example:
Situation:
Employer wants to assess the applicant’s availability to work evenings and weekends. What questions can the employer ask?
Inappropriate Question:
"Do you go to church on Sunday?”
Reason:
An employer is entitled to find out if an employee will be available at the times necessary to perform the job. However, seeking information about religious affiliation and practice is unlawful because it seeks information beyond the applicant’s ability to do the job. The employer can ask the question a different way.
Appropriate Question:
“Are there specific times or days when you cannot work?”
Employers must take care both in the application and interview process to ensure that no question asked is at all related to an applicant’s membership in a class protected by federal, state or local law, such as age, race, national origin, religion, disability, gender, and sexual orientation. Nor should employers solicit non-job-related information, such as child care responsibilities, intentions as to pregnancy, height, weight, or political or religious views. Likewise, questions about arrest records, home ownership status and educational background, which are not job-related are prohibited because they may be deemed a pretext for unlawful discrimination, or may have a disparate impact on minorities or women.
Wasserman Law Can Help. Wasserman Law can counsel you and your staff to interview and hire a new employee in compliance with the applicable employment laws and regulations. We will review your employment application form to ensure that it does not seek irrelevant or discriminatory information and that it has the requisite notices and releases.