Employers who are conducting interviews need to ensure that they do not discriminate against potential employees. Unfortunately, employers sometimes accidentally run afoul of the law by asking inappropriate interview questions.
It is important to understand what things cannot be asked and how certain topics can be approached without violating an employee’s rights. Let’s look at a few examples.
Work authorization
An employer needs to find out if a person has the appropriate work authorization in the United States. However, they could run into trouble if they ask questions about that person’s ethnic background or citizenship status. Instead, employers should just ask about authorization, allowing employees to affirmatively attest that they are authorized to work here.
Family status
An employer may want to know if someone will have family obligations that may impact their employment, such as making it difficult for them to relocate or work overtime. However, they should not ask if someone is planning to have children, for example, as this could lead to pregnancy discrimination. Instead, they should directly ask about necessary details pertaining to the job, such as whether an employee would be willing to relocate or whether they’re available to work the days and hours needed.
Religious questions
Typically, someone’s religion is a non-job-related issue and should not be addressed. If employers have questions about someone’s availability on certain religious holidays or on the weekends, they can simply ask about their ability to work at these times. They do not need to ask about what religion that person follows, as this could bring up questions about religious discrimination.
These are just a few examples of ways that employers can correctly frame questions to keep from discriminating during the hiring process. When disputes arise, they need to know what legal options they have.