subject: Understanding the Legal Implication of Job Interview Questions [print this page] Understanding the Legal Implication of Job Interview Questions
While asking certain questions at an interview is necessary to get adequate details about the candidate, as an employer you need to understand the legal implications of them. Simple questions like Are you an US citizen?' can lead to trouble if the candidate interprets it as a question regarding nationality (a protected characteristic under US law). Instead, you need to ask, Do you have authorization to work in the US?'
A discrimination lawsuit is a difficult thing to face, just for the sheer wastage of time and money. Get in touch with a good employment attorney proficient in the federal and state labor and employment laws. Avail help in framing the interview questions that are legal in nature and prevent the hassle of a lawsuit.
Here are a few examples, regarding the legality' of job interview questions, to elucidate the point. You had better get a lawyer practicing in your city, i.e. Chicago, to get a clear idea about the matter.
Questions to avoid
1) Do you live here? Instead enquire about the current address and contact details and if there is any other address/contact details.
2) What is your native language? Instead, ask about which language(s) they have fluency in reading, writing and speaking.
3) What is your age? Make it subtle. Ask whether the candidate is over 18 years (the legal age for employment) and about his/her future career goals.
4) Do you have any disabilities? Apart from serious legal implications, this is not the right question to ask on humanitarian grounds as well. Instead, ask whether he/she would be capable of handling the particular responsibilities of the job.
5) Do you smoke, drink or take drugs? Enquire whether there was any disciplinary action against him/her in the past on grounds of use of alcohol/tobacco products or drugs.
6) Did you face an arrest ever? If the position involves money handling and you want to know about the candidate's previous record, it is better to ask whether they ever face a conviction with regard to particular crimes, e.g. fraud, laundering, etc.
7) Do you have problems supervising men/women? Questions like these tend to border on the sexual tendency of an individual. Avoid controversies and enquire about their team management skills instead.
What you need to do is talk to a Chicago employment lawyer to understand which questions have legal implications. While this may seem like too easy an issue to resolve, there are problematic consequences that you could avoid with proper legal help.
