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t business owners and managers don't realize it is a lot easier to break laws against hiring discrimination than most people realize. Many commonly asked behavioral interview questions are illegal and can result in lawsuits.
You must be absolutely certain no aspect of your hiring procedures discriminates on the basis of race, sex, age [link widoczny dla zalogowanych], disabilities, religion [link widoczny dla zalogowanych], or national origin. All stated job requirements must directly relate to job performance.
No employment interview questions may be asked regarding marital status, children, or intentions for raising a family because this puts women at a disadvantage.
No questions may be asked regarding age other than if they're eighteen or older. You can't ask when someone was born, or ask questions that could pinpoint their age, like "How old were you when you graduated from high school?"
National Origins
It's illegal to ask any questions from which national origin can be discerned [link widoczny dla zalogowanych], such as how an applicant acquired the ability to read, write or speak a foreign language. You can ask if they are a United States Citizen.
The list of subjects you are not permitted to discuss in a hiring interview varies from state to state. However in California, with a few exceptions, it's illegal to ask the applicant's height, weight, or the name and address of a relative to be notified in case of emergency. No behavioral job interview questions may be asked about arrest records, military records or credit rating.
Ignorance of the law is no defense. Over seventy percent of discrimination complaints result from the interview process.
After knowing the law and avoiding any questions that could lead to a lawsuit, your primary defense against discrimination claims are the notes you take during your interview. While many managers resist taking notes on the grounds it inhibits the spontaneous flow of information, notes are critically important in defending your actions should the interview result in a lawsuit. In the new legal climate that exists around hiring, notes are essential.
Stop Applicant on Illegal Subjects
If a job applicant volunteers any information during the interview on any of these subjects that are illegal to ask, politely tell them "I don't really need to know this information to judge your qualifications." Thank them for their openness and candor, then direct the conversation to another topic. Indicate in the notes your are taking that this information was volunteered, and you attempted to stop the discussion of this topic in the interview.
The general rule you should always follow is: Only ask for information directly related to the applicant's competence to perform the job they're seeking.
Americans with Disabilities Act
The Americans with Disabilities Act prohibits discrimination against people with mental or physical impairments. This isn't just people in wheelchairs. Over forty-three million Americans - or about one out of six is considered disabled as defined by this law.
The Americans with Disabilities Act sets guidelines for qualification standards. It makes your job analysis and written job description more important than ever do demonstrate good faith compliance. The law also changes the type of questions you can legally ask in a job interview by requiring employers to focus on an applicant's competence, not disabilities.
For example, a candidate may be asked if they can lift a fifty pound sack for a certain number of hours per day if it's an essential job function. However, you cannot ask if a job candidate has back problems. Remember: Questions must focus on competence, not disabilities.
Essential and Preferential Job Functions
The law requires employers to distinguish between functions that are essential and are considered a business necessity, and those that are preferential. Hiring criteria must directly relate to the essential functi