Hiring: Some Questions Are Off Limits

hiring

The old saying ‘good help is hard to find’ is popular for a reason, but it can be just as true regarding employers too. Establishing a good mutual working relationship is important from the beginning, as early as the hiring process. Even if you have a friendly, relaxed atmosphere at work—and a team that works well together and with you—there are rules to be followed so that you do not end up in a lawsuit, but more importantly so that everyone is treated fairly. This follows through all the way to exit interviews as well.

Interviewing skills are critical for those in charge of bringing on new employees, and especially if you have a larger company with a range of different departments where a variety of talents are sought. As you or your manager begin speaking with potential hires, get educated not only on interviewing etiquette (knowing what you want to say about the job, researching those you will be speaking with, and other niceties such as remembering to offer a glass of water or other refreshment) but also be aware of  questions that are downright illegal, and could land you in hot water if you step over the line when speaking with someone applying for one or more positions you have advertised.

Such questions may refer to:

  • Age
  • Religion
  • Size of family, possible pregnancy, or plans to have more children in the future
  • Information about other family members and their jobs or backgrounds
  • Origin or birthplace, with questions related to race
  • Marital status or sexual orientation
  • Any possible disabilities
  • Time left in the workforce; retirement plans
  • Childcare
  • Current health or past health problems

The mission of any interview is to ask questions that determine whether the applicant has the proper skillset to do the job without delving too deeply into personal questions. It is vital to understand their goals for the future as they pertain to the career and may be relevant to their success in your company. Avoid any discussion that could lead you into trouble with the US Equal Employment Opportunity Commission or possibly even a lawsuit.

If you have concerns about business or employee issues, consult with Attorney Shane Coons. Our law office represents clients involved in a wide range of businesses and legal issues, and we would be glad to review your case and help you explore your options. Call now at 949-333-0900 or email us at Shane.Coons@seclawoffices.com.

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