How to Interview a Job Applicant Without Violating Employment Law

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By magnadea, eHow Member

 

Do you interview job applicants but aren't exactly certain what is an isn't allowable to ask them? Unless you have specialized in labor law, employment law, or have a lot of experience in human resources, your answer is probably yes. Federal employment laws are always changing, and can be confusing when you are interviewing potential employees. There are, of course, also state and local laws related to employment too that may affect your employment practices. This article will take you step-by-step through the process on how to safely interview a job applicant.

Difficulty: Moderately Easy

Instructions

Things You'll Need:

• A private, professional and safe area to interview the job applicant.

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   Before you even get to the interview phase in the hiring process, it is important to make sure that your pre interview stage is fair and nondiscriminatory. That means that you should make sure that job openings are advertised in location, or locations, where people of diverse backgrounds have access to them. Determine what skills and education are absolutely necessary to perform the job. Avoid application processes that unfairly impact any particular group of applicants.
   
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   During the interview, do not make false job security promises or specific position offers unless you are willing to back them up. Absent a contract for term employment, you want the job applicant to understand that this is an "employee at will" position, and that they could be terminated for any or no reason, as long as it is not discriminatory. For example, don't tell someone they will be employed as long as they do a good job. Doing that negates an employee at will situation. Also telling someone they are hired for a specific position, then not putting them in that position, opens you up to a potential contract action in the future, even if nothing is in writing.
   
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   There are certain questions during the initial interview and on the application that are considered unlawful under Federal law. The list below contains questions that are NOT allowed along with ALLOWABLE alternatives in (parenthesis):
   
   * Applicant's maiden name, or original name before name change (Applicant's full name, have you worked for this company under a different name?, is there any additional information necessary in order to check your prior employment or education references?)
   * Do you rent or own? - (How long have you been a resident of this city or state?)
   * Any question about the birthplace of applicant or their relatives - (NONE)
   * How old are you, or what is your date of birth? - (Are you 18 years old or older)
   * Any inquiry into religious affiliations, background or practices - (NONE)
   * Any questions involving race, height, weight, gender, reproductive plans - (NONE)
   * Any questions into the marital status or number of children - (Is your spouse employed at this company?)
   * Any questions regarding the applicant's physical or mental condition that is not directly related to the requirements of the specific job. - (You can provide the applicant with the specific minimum requirements for the job and ask them to describe how they perform them.)
   * What country they are a citizen of and whether or not they are native born or naturalized; whether their family are citizen or not - (Are you legally authorized to work in the United States on a full-time basis?)
   * Any questions about country of origin or ancestry - (What languages do you speak and write fluently)
   * Asking them if they have ever been arrested - (Have you ever been convicted of a crime?; or, Are there any felony charges pending against you?)
   * Name and address of nearest RELATIVE to be notified in case of an emergency. - (Name and address of a person to be notified in case of an emergency.)
   * List all clubs, organizations, etc that you belong to - (List organizations in which you are a member excluding organizations the name or character of which indicates the race, color, religion, national origin, or ancestry of its members.)
   * Are you currently experiencing financial problems such as bankruptcy or garnishment? - (NONE)

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