Let's take a quiz. The results may save you from becoming embroiled in a costly lawsuit.
Check off the questions you can legally ask job applicants either on your employment application form or in interviews:
- How many days were you sick last year?
- How did you learn to speak Russian?
- Are you a U.S. citizen?
- Have you ever been arrested?
- Have you ever worked for this company under any other name?
- What kind of car do you own?
- Have you ever been known by any other name?
- What clubs or organizations do you belong to?
- Have you ever filed a workers' compensation claim?
- How did you break your leg?
- Do you expect the leg to heal normally?
- Is there anything in your religious beliefs that would prevent you from working on a Saturday or Sunday?
- Do you rent or own your home?
- Are you currently taking any medications?
- Since you've volunteered information about your condition, what accommodation would we need to provide were we to hire you?
Only three questions on the above list that are legal: Nos. 5, 10 and 15. If you passed with flying colors, congratulations! If not, read on.
Fifty-three percent of U.S. employers have been sued by job applicants, employees or former employees. Of those that go to trial, the companies win only about 35 percent of the time.
Many of these cases would never have been filed if the companies had used a standardized, systemized hiring process and the hiring managers had been trained in what can and cannot be asked during interviews. While your lawyer can make sure your job application form contains no illegal questions, is anyone monitoring every interview to make sure the questions asked in person conform to the law?
Unlike human resource professionals, most business owners and line managers are not well-versed in the fine points of federal employment law. Therein lies the liability. Most of us have seen enough newspaper headlines to realize we shouldn't ask about race, marriage, religion, children and age. There are, however, two times these kinds of mistakes are typically made.
The first is when well-meaning interviewers start talking about themselves and their families. In an effort to "break the ice," they then ask questions more appropriate to a social setting. They inevitably end up saying something like: "My daughter just joined the soccer team. How about you? Any kids in school?"
The second is when we get caught up in the interview and spontaneously ask the question that comes to mind without a thought as to whether it is discriminatory or could be seen as discriminatory by the applicant.
Let's say you look at the application and notice the applicant attended the same high school you did, so you tell the applicant you share the same alma mater and say, "What class were you?" This innocent remark could make a case for age discrimination.
There are only three ways to limit your legal exposure when it comes to hiring:
- A structured interview question set
- Interview training
- Policies and procedures manual
What hiring managers need to know and remember is: "If it isn't related to the person's ability to do the job, don't ask it." Stick to questions that tell you whether or not the person can do the job; it's the best way to stay out of court.
