Discrimination is illegal in hiring. As an employer, it’s important to keep this in mind because there are certain things that you cannot ask during an interview.
For example, pregnancy discrimination is illegal, so you can’t ask a potential applicant if they are pregnant, even if you suspect that they are. You also can’t ask them if they plan to become pregnant in the future. Their pregnancy status should not affect their ability to get the job or not.
Often, though, the issue comes from the way the question is phrased. There are certain ways to ask things to get the information that you need as an employer without discriminating against potential employees.
Focus on what you need to know
Often, you can avoid issues by focusing on what information you’re actually seeking. For instance, it’s illegal for you to ask an applicant what religion they practice. However, if you know that they will need to work on the weekends and you are concerned that their religious practices may make that impossible, you can ask them about their weekend availability specifically. You haven’t mentioned religion at all, but this gives them a chance to tell you if they can work the intended hours.
Another example is that you cannot ask about certain disabilities or medical issues. That said, there are some jobs that have physical requirements that must be met – such as being able to lift 50 pounds. You can tell the applicant what will be required and ask them if they can fulfill those duties without issue.
In this way, you avoid asking illegal interview questions, but you still get to screen applicants to find those who are the best fit. If you do find yourself involved in an employment dispute, then you need to know what legal options you have.
