In general, employers should avoid problems related to categories protected by discrimination laws. Here are the types of questions employers should avoid during the interview: On paper, recruiting a new employee can be a simple process. Publish the position on a job portal, ask for resumes, select some that match the invoice, invite them to an interview, pre-select some, check references and finally present the letter of offer to one – or more, depending on the number of vacancies. Sounds pretty simple, right? In reality, it`s anything but easy. At all stages of the recruitment process (job postings, interviews, reference review, and submissions), think about the prohibited reasons and make sure all questions are asked in a way that all candidates have a fair chance to respond based on the requirements of your job. In this way, you minimize the risk and likelihood that you will be accused of discriminatory hiring practices. Good recruitment is also a good ethical and business practice that promotes your positive reputation and facilitates your recruitment. Remember that every interview you conduct is like a promotional opportunity. Every candidate should leave and wish they had the opportunity to work for you. May ask: Are you legally employable in the United States? Do you speak/write English fluently? What languages do you speak outside of English? It is important to note that you cannot ask illegal questions at any stage of the recruitment process, including your interview or during reference checks. For example, just as you can`t ask a candidate about a disability during the interview process, you can`t ask their former employer, “How many sick days did they take last year?” However, you can ask if they were reliable and on time. Candidates have legal rights even before they become employees. Under federal law, an employer cannot unlawfully discriminate in its hiring processes based on a candidate`s race, national origin, gender, pregnancy, age, disability, or religion.
National and local laws may establish additional protected classes based on factors such as an applicant`s sexual orientation. Employers must comply with anti-discrimination laws at every stage of the hiring process, from posting a job offer to the interview to the final selection of the candidate to hire. Download the FindLaw Hiring Guide [pdf] for a practical guide to your rights in the hiring process. Once you`re ready to start your interviews, there are a few important points to keep in mind when designing the questions. You must ensure that your interview process does not ask questions intentionally or unintentionally for prohibited reasons (see Discrimination in Employment Regulations). It is important to describe the position and requirements so that all candidates have the opportunity to apply. For example, if a position requires regular overtime and has an irregular schedule, don`t ask: Created by the findLaw team of legal writers and writers | Last updated December 10, 2018 A candidate may ask questions about the above areas during an interview. If this is the case, the employer may discuss these issues to the extent necessary to answer the applicant`s questions.
During the hiring process, employers should avoid making promises to a potential or new employee, as false statements or promises can result in a breach of a “implied contract” under the law. For example, a promise that stock options are worth a certain amount, that the employee has a job for life, or that the employee will receive significant salary increases may lead to such an implied contract. Therefore, if these promises are not kept, it can be said that the employer has breached the implied contract and is liable to the employee for any damage suffered by the employee if he relies on the employer`s promise. Legal considerations are present throughout the hiring process; From job postings to eligible resumes, interview questions, reference review and selection, and a job offer. Recruiters and recruiters are responsible for finding the most qualified candidate in a way that does not violate the protected rights of candidates. Join Tricom and our guest speaker Jen Erb at the September issue of our Industry Insider webinar series as we discuss legal considerations in the hiring process: The questions you ask during interviews should be carefully formulated. Like the pre-employment assessment, interview questions should be carefully selected to avoid being considered discriminatory. You should also explain the requirements of the position in such a way that they offer each candidate the same opportunities.
For example, if the position requires the incumbent to be on call 24/7, explicitly state this instead of questions such as “Are you going to pick up your child from school?” In the case of disability and religion, the EEOC expressly states that the employer must make reasonable arrangements for the disabilities of employees or candidates or the religious beliefs of employees, unless such arrangements cause significant hardship or result in prohibitive costs to the employer. When you begin the recruitment process, it is important to be aware of certain legal issues in order to minimize the risks. Job postings, interview questions, reference checks, and job creation must all be done in a manner that meets legal requirements. Discrimination is the biggest problem when it comes to legal issues related to hiring and hiring. The most important requirement is equal opportunities for each candidate to finally get the job. Anyone involved in the hiring process should be aware of the legal issues described above. In addition to the legal consequences, a company`s reputation suffers when cases of discrimination are revealed. Merit should be the only basis for recruitment and should be anchored in your company`s recruitment process. In addition to the general law that covers each applicant, there are certain laws for certain groups of workers or certain professions. The recruitment and hiring of law students or lawyers is overseen by the National Association for Law Placement (NALP). Any company that has a union system should be aware of the National Labour Relations Board, an independent federal body empowered to enforce the National Labour Relations Act (NLRA). The wording of the job offer, whether in a newspaper or a job portal, must be formulated carefully.
It should not favor a person`s race, skin color, religion, sexual orientation, or even political beliefs. This is monitored by the U.S. Equal Employment Opportunity Commission (EEOC). It is illegal to discriminate against an applicant on the basis of any of these factors. Some of the other parameters are gender, age and disability. The EEOC also protects employees and candidates from the following: When submitting a formal job offer to a candidate, ensure that the compensation offered is based solely on the skills and responsibilities required for the position. In companies that have a trade union, remuneration is often calculated according to seniority or quantity/quality of production. It should not be based on any of the discriminatory parameters mentioned above. The U.S. Department of Labor regulates legal issues related to the wage structure, including minimum wage, overtime pay, and severance pay. Your company`s hiring manager should be aware of this. Most small businesses do not have a formal human resources department.
You can contact one of the U.S. Equal Employment Opportunity Commission`s Small Business Liaison Officers, who can answer any questions you may have. By the end of this session, you will have confidence in your hiring practice and know how to reduce the legal risks associated with the hiring process. May not ask: You cannot ask applicants to provide a photo during the application process.