Every so often we find the need to revisit a topic of great importance. This is one of those times. While most of our clients are aware that, in the hiring process, it is illegal to discriminate against a candidate based on nationality, religion, age, marital or family status, gender, health and physical ability, military status and, in some locations, sexual identity and criminal background. Many of our clients don\u2019t realize that seemingly-benign questions can lead a candidate (or court of law) to conclude that you are intentionally or unintentionally doing just that \u2013 discriminating against a protected class.<\/p>\n
For example, one of our clients asked a few seemingly harmless questions of two candidates they were interviewing for an HR position. It is clear the questions were intended to be \u201cget to know you\u201d type questions, such as, \u201cSo, are you married? What does your husband do? Do you have kids? How old are they?\u201d<\/p>\n
While I\u2019m certain that client did not intend to discriminate against the candidates, the candidates, being HR professionals, were highly offended and withdrew from consideration for the position. It is also quite possible that one or both of the candidates may pursue legal action. <\/p>\n
Don\u2019t let this happen to you. If your questions or screening methods could be viewed as having an adverse impact on a protected class, you should avoid asking them. Here below is a fairly comprehensive list of questions and types of questions you should NOT ask. You might want to print this out and review it just before you conduct your next interview.<\/p>\n
DO NOT ASK:<\/p>\n
\u00b7 How old are you or how much longer do you plan to work before you retire?<\/p>\n
\u00b7 What is the date of your high school graduation?<\/p>\n
\u00b7 When or where were you, your parents, your spouse born?<\/p>\n
\u00b7 What is your original or maiden name?<\/p>\n
\u00b7 How long have you lived at your current address?<\/p>\n
\u00b7 Questions about lineage, ancestry or national origin.<\/p>\n
\u00b7 What is your religion or religious practices?<\/p>\n
\u00b7 Questions about race, complexion of skin or attitude about working with co-workers of different race.<\/p>\n
\u00b7 Citizenship (although you may ask if he or she has the legal right to work in the United States).<\/p>\n
\u00b7 Questions about physical characteristics (i.e., weight, height, color of hair, etc.).<\/p>\n
\u00b7 What is your marital status?<\/p>\n
\u00b7 Do you have or intend to have children?<\/p>\n
\u00b7 What\u2019s your gender or sexual identity?<\/p>\n
\u00b7 How do you feel about managing a man\/woman?<\/p>\n
\u00b7 Any medical information (general health, disabilities, past use of sick leave, use of workers\u2019 compensation benefits).<\/p>\n
\u00b7 Do you smoke, drink, take drugs?<\/p>\n
\u00b7 Dates of military service, type of discharge, or if receiving veteran disability pension.<\/p>\n
\u00b7 Listing of clubs, societies or lodges where applicants have membership.<\/p>\n
\u00b7 Do you belong to a labor union?<\/p>\n
\u00b7 Do you own a car\/home?<\/p>\n
So, what is okay to ask? While it is not acceptable to ask the questions above, there are often related questions that are perfectly legal to ask, such as:<\/p>\n
General:<\/p>\n
\u00b7 What is your name?<\/p>\n
\u00b7 What is your address?<\/p>\n
\u00b7 Our hours are (describe). Are there any factors, such as commute, access to reliable transportation, personal commitments, that would make it difficult or impossible for you to work our required schedule?<\/p>\n
\u00b7 What educational institutions did you graduate from and what degrees or certifications did you earn? (Do not ask dates of completion.)<\/p>\n
Nationality:<\/p>\n
\u00b7 Are you legal to work in the United States? (Do not require documentation until post-hire.)<\/p>\n
\u00b7 What languages are you fluent in for speaking\/reading\/writing?<\/p>\n
Religion:<\/p>\n
\u00b7 What days are you available to work?<\/p>\n
\u00b7 Are you able to work our required schedule?<\/p>\n
Medical Status or Disability:<\/p>\n
\u00b7 This position requires the following physical abilities. (Describe.) Are you able to perform the duties of the position?<\/p>\n
Age:<\/p>\n
\u00b7 Are you over 18 years of age?<\/p>\n
Military Status:<\/p>\n
\u00b7 Are you a military veteran?<\/p>\n
\u00b7 What military skills and experience are you able to bring to this position?<\/p>\n
Criminal Background:<\/p>\n
\u00b7 (If a security clearance is required or if a clean criminal background is required for institutions such as financial institutions or day-cares\/schools): This position requires a security clearance and\/or a clean criminal background. Do you anticipate this being a problem for you?<\/p>\n
Beyond these tricky areas of inquiry, there are many creative, insightful questions you should consider during an interview. And, whenever possible, we encourage you to ask them in a \u201cbehavioral interview\u201d format which is simply posing the question in the following format: \u201cTell me about a time when (question).\u201d This will reveal the most detail about the candidate\u2019s past experiences, which are always the best predictor for future behavior.<\/p>\n
Also during the interview process, it\u2019s important not to require unnecessary documentation, such as a birth certificate, naturalization or baptismal records or require a photograph during the interview process. All legal documentation should be obtained and processed after the employee has been offered the position.<\/p>\n
Do you have a favorite question and wonder whether it\u2019s legal to ask? Shoot us an e-mail or don\u2019t hesitate to call us.<\/p>\n
By Claudia St. John, SPHR, SHRM-SCP, President \u2013 Affinity HR Group, Inc.<\/p>\n","protected":false},"excerpt":{"rendered":"
Every so often we find the need to revisit a topic of great importance. This is one of those times. While most of our clients are aware that, in the hiring process, it is illegal to discriminate against a candidate based on nationality, religion, age, marital or family status, gender, health and physical ability, military […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_uf_show_specific_survey":0,"_uf_disable_surveys":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-7448","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"aioseo_notices":[],"yoast_head":"\n