As an employer, it is very important to think carefully about how you conduct interviews. There are certain questions you cannot ask, and doing so could be a violation of a candidate’s rights.
For example, certain questions could give the impression of discrimination. If you then refused to hire a candidate based on their answers to these questions, you could be accused of discriminatory hiring practices. Let us look at a few examples of how this could work.
Asking about their background
First off, you should not ask an applicant where they are from, what country their parents come from, where their accent is from or even if they are a U.S. citizen. Do not ask them what their native language is, even if you suspect that it is not English. You can ask if they have the proper authorization to work in the United States, but it should not be based on their ethnicity, race, color, national origin or any related factors.
Asking about their family status
Additionally, do not ask someone if they are married, if they have kids or if they are planning on having children in the future. Do not ask them if they have been divorced or anything else about their marital status. Pregnancy-related questions are especially prohibited because you cannot refuse to hire someone because they are pregnant or may become pregnant in the future.
Asking about their religion
You may be concerned about hiring workers of a certain religion if you think there are going to be conflicts with the work schedule. Maybe you need someone to work on the weekends, but you know that they may have religious obligations. You can ask about any scheduling conflicts, but you cannot ask someone what religion they practice or what their faith looks like.
As an employer, the key is to focus on obtaining relevant information without violating an employee’s rights. Preparation for interviews will help you avoid asking inappropriate questions. Review materials published by the California Civil Rights Department regarding proper areas of questioning. Review the candidate’s application and resume in advance to identify areas of inquiry. Create a list of open-ended questions in advance that will allow you to hear from the candidate. Consider assigning questions to other members of your interviewing panel so that each knows their responsibility.
