Avoid Asking These Questions to Job Applicants

It is natural when hiring potential employees, to want to learn about them, and that takes asking questions. But you may be surprised to learn that many things that employers ask of possible hires often get those employers in trouble.

There is no hard and fast checklist of what you can and cannot ask an applicant, other than obviously discriminatory things that no rational employer would ask. But there are some things that are asked of applicants—things that, on the surface, may seem harmless or innocuous—that can get a company in trouble.

Marital Status

Any question that asks about an applicants’ marital status, can lead to a lawsuit. It is illegal to discriminate on the basis of marital status.

Questions about marriage imply that the employer is concerned about an applicant getting pregnant, or relocating because of a spouse’s job. While these may seem like valid concerns for a company, they are illegal to ask.

Immigration Issues

Immigration questions can get very nuanced for employers.

On the one hand, you can certainly ask if an applicant is legally allowed to work in the United States. But you cannot ask general questions about an applicant’s legal status in the United States, nor can things like citizenship and immigration status be used against an applicant.

What about protecting yourself, by making sure you’re not breaking the law by hiring someone who isn’t legally allowed to work? That will be taken care of by the government, which will review and confirm information provided on the potential employee’s I-9 form. You, however, should not screen for legality or immigration status.

Drug Usage

Drug usage also can be very nuanced. You are allowed to ask an applicant about his or her use of illegal drugs, and you can ask an applicant whether he or she has ever gotten in trouble for violating any employers’ drug use policy.

But be careful—if these questions veer into the use of prescription medications, you could end up violating the Americans With Disabilities Act (ADA).

Pregnancy Discrimination

It is illegal to discriminate on the basis of pregnancy. Questions that may seem innocuous, like “are you looking to start a family,” or “I bet you can’t wait to have kids,” can come off as pregnancy discrimination or gender discrimination. That includes questions directed to male employees, about their future plans to have kids as well.

National Origin

Try to avoid asking applicants where they are from originally, or what their nationality is. It may seem like small, friendly talk, and you may even feel you share a common ethnic or geographical background with the applicant. But these questions can end up sounding like you are illegally weeding out applicants on the basis of nationality.

Salary History

While Florida doesn’t make it illegal to ask about an applicant’s prior salary, those inquiries can be used to show an Equal Pay Act violation, should a female employee end up getting paid less than a male employee.

Stay out of trouble when hiring employees. Let us help you with your labor and employment law problems. Call the West Palm Beach commercial litigation attorneys at Pike & Lustig today.

Sources:

investopedia.com/financial-edge/0910/8-things-employers-arent-allowed-to-ask-you.aspx

businessnewsdaily.com/4037-illegal-interview-questions.html