Know Which Interview Questions Act As Base For Discriminatory Practice
It is a common misconception that instances of discrimination take place post employment
. You can face discriminatory behavior from a prospective employer as early as at the time of the interview. However, majority of individuals are not even aware of the laws that protect them from such discriminatory practices.
Every state has set down rules prohibiting discrimination in the workplace based on protected characteristics. Georgia is no different. The state laws dictate what the employers can and cannot ask at the time of the interview. These laws also outline whether a certain aspect of the hiring process can be considered as discrimination.
For the help of employees
Suppose you have gone for an interview at a major Atlanta office. It is essential to know the basics of the law to understand whether the employer asked any such questions that lead to discrimination at the time of selection. If he/she did, you need to talk to an employment attorney for filing a complaint.
The question is what these protected traits are. The personal characteristics of an individual like color, race, national origin, sex, religion, age, disability, and genetic information are grouped as protected traits. According to the rules of the state, a prospective employer cannot base hiring decisions on any of these grounds.
Any prospective employer can ask a candidate all about his/her qualifications and experience. According to Georgia employment laws, it is illegal to base the hiring decision on questions and answers related to the protected traits. Any tests you are asked to take must be related to the position you are applying for. If there are similar questions or tests in the interview, it is best to talk to an employment attorney.
The Equal Employment Opportunity Commission handles this type of cases. Your first step is to lodge a complaint at the Commission. There is a time limit - you need to file a complaint within 180 days from the date of the incident. You need to consult with an
Atlanta employment attorney to understand whether you have a case or not.
From the employers perspective
It is wise for an employer to be careful when framing questions for the prospective candidates. You need to stay away from questions related to the protected traits to avoid legal hassles. It is best to keep on track and ask questions relevant to the job. You need to use tact if you want to know certain specifics.
For example, an employer can always ask whether an individual is proficient in English where the post is for a customer service manager, at a department store in Atlanta, who is supposed to handle English-speaking customers. However, it is not right to ask what his/her native language is.
In case of a visible disability in a candidate, the employer requires to offer reasonable accommodation if it is not too expensive or cumbersome. It is best to get in touch with a labor and employment attorney to help you frame the right, and legal, questions to ask at the time of interview.
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Know Which Interview Questions Act As Base For Discriminatory Practice Vairano Patenora