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Hiring Legalities: 5 Things You Can’t Ask During a Job Interview
Hiring the best employees involves asking all the right questions. However, asking the wrong questions could get you and your company sued. Whether it’s questions that ask the applicant’s age or religion, you need to avoid these questions. The following are just five things you can’t ask during an interview.
Questions That Deal With Age
Age discrimination is against the law. The only time you can ask the applicant’s age is to ask if they are old enough to take the job. For example, “Is the employee at least 16 years of age?” In other words, asking how old an applicant that appears to be 60 is, is against the law. It’s also against the law to ask questions that may hint at the applicant’s age, such as. “Were you around during such and such history event?”
Questions That Deal With Race
It is also against the law to question an applicant’s race. The only time race can come into question is on tribal reservations where tribal members have first chance at employment. Otherwise, you cannot ask questions that have anything to do with the applicant’s race. In order to make sure the applicant is a legal citizen, she will need to provide documentation, which can be asked for when hiring the applicant.
Questions That Deal With Disabilities
Disabilities are also a tricky subject. It’s against the law to discriminate against those that are disabled. You can explain the requirements of the job and ask if the employee will be able to complete the tasks on a daily basis. What you can’t ask is something like, “Do you think your disability will prevent you from performing the necessary work?”
Questions That Deal With Religion
Religion is also a topic that must be avoided. This also means that you can’t question the private organizations he or she belongs to. If you’re hiring employees that will be working on weekends, you can ask if there are any obligations that will prevent them for working on those days, but you cannot ask what religion they belong to.
Questions That Deal With Family
Last, but not least, you cannot ask about family. This means you can’t question if the employee is married or if they have children. Even if the question is indirect, such as asking about after work commitments, you cannot ask about family.
As an employer, you need to make absolutely sure you avoid questions that could be used against you. Don’t mention them within your job management software system, during the screening process, during the interview, or even during the hiring process. If you ask these questions, the applicant has the right to sue. If you turn this applicant down, he may also sue based on discrimination.