{"id":227,"date":"2014-04-03T15:55:29","date_gmt":"2014-04-03T22:55:29","guid":{"rendered":"http:\/\/kleinlawcorp.com\/legal-resources\/?page_id=227"},"modified":"2014-08-05T14:23:45","modified_gmt":"2014-08-05T21:23:45","slug":"how-to-conduct-interviews-lawfully","status":"publish","type":"page","link":"https:\/\/lighthouselegalservices.com\/legal-resources\/how-to-conduct-interviews-lawfully\/","title":{"rendered":"How to Conduct Interviews Lawfully and Not Get Sued!"},"content":{"rendered":"

Recruiting good employees is a difficult job, and if not done properly, the process can create liability for discrimination claims. Most employers are aware of the blatant discriminatory questions that you are not supposed to ask, but many get in trouble by asking apparently innocent questions in the wrong way. Here are some suggestions for both verbal interviews as well as written job applications:<\/em><\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
SUBJECT: <\/span><\/strong><\/td>\nHOW NOT TO ASK: <\/span><\/strong><\/td>\nAN ACCEPTABLE WAY TO ASK:<\/span><\/strong><\/td>\n<\/tr>\n
Name:<\/strong><\/td>\n\u201cWhy was your name changed?\u201d
\n\u201cWhat\u2019s your maiden name?\u201d\u201cWhat is the name of your spouse, children, parents?\u201d<\/td>\n		\u201cHave you ever used any other names so that we may conduct the appropriate background checks?\u201d
\n\u201cIf you are a minor, please provide the name and address of your parents or guardian.\u201d<\/td>\n<\/tr>\n
Birthplace:<\/strong><\/td>\n\u201cWhere were you (your spouse, parents) born?\u201d
\n\u201cCan you provide a birth certificate or naturalization papers?\u201d<\/td>\n		\u201cWhere do you reside?\u201d
\n\u201cHow long have you lived in the city where our company is located?\u201d<\/td>\n<\/tr>\n
Residence:<\/strong><\/td>\n\u201cDo you own your own home?\u201d
\n\u201cDo you rent an apartment?\u201d<\/td>\n		\u201cWhat is your address?\u201d
\n\u201cIn what city do you live?\u201d<\/td>\n<\/tr>\n
Creed and Religion:<\/strong><\/td>\n\u201cWhat is your religious affiliation?\u201d
\n\u201cWhat church, parish, synagogue do you attend?\u201d\u201cWill any of your religious beliefs prevent you from working on certain days?\u201d<\/td>\n		\u201c Here are the regular work days and hours for the job position in question as well as a list of holidays which
\nour company observes and any other time-off policies\u2026\u201d<\/td>\n<\/tr>\n
Race, Color, Physical Appearance:<\/strong><\/td>\n\u201cWhat is your race?\u201d\u201cWhat is the color of your skin, eyes, hair, etc.?\u201d\u201cWhat is your height, weight?\u201d\u201cCan you provide us with a photograph along with your application or upon hire?\u201d<\/td>\nUnless there is a bona fide occupational requirement, do not ask these questions.<\/td>\n<\/tr>\n
Education:<\/strong><\/td>\n\u201cWhen did you receive your degree, diploma?\u201d
\n\u201cWhat were the dates of attendance of high school, college, etc.?\u201d<\/td>\n		\u201cPlease list the schools you have attended and degrees, diplomas
\nreceived.\u201d<\/td>\n<\/tr>\n
Age:<\/strong><\/td>\n\u201cWhat is your date of birth?\u201d
\n\u201cWhat is your age?\u201d\u201cWhen did you graduate from high school\/college?\u201d<\/td>\n		\u201cEmployment with our company is subject to verification that you meet
\nthe legal age requirement.\u201d\u201c If hired, can you furnish proof of age?\u201d\u201c Are you over 18 years of age?\u201d\u201c If under 18, can you submit a work permit once employed?\u201d\u201c If under the age of ___, you may not qualify for participation
\nin our retirement plan.\u201d<\/td>\n<\/tr>\n
Citizenship:<\/strong><\/td>\n\u201cAre you or do you intend to become a citizen of the United States?\u201d
\n\u201cCan you produce naturalization papers or a green card?\u201d<\/td>\n		\u201cOnce hired, can you furnish verification of your legal right
\nto work in the United States?\u201d<\/td>\n<\/tr>\n
Natural<\/strong>
\n Origin & Ancestry:<\/strong><\/td>\n		\u201cWhat is your lineage, ancestry, national origin, descent, parentage,
\nnationality?\u201d<\/td>\n		\u201cOur company has client who speak French\/Russian\/Spanish. Do you speak
\nthat language?\u201d<\/td>\n<\/tr>\n
Relatives:<\/strong><\/td>\n\u201cWhat is the name and\/or address of a relative we may contact as a reference or in case of an emergency?\u201d<\/td>\n\u201cWhat is the name and\/or address of a person we may contact as a reference or in case of an emergency?”
\n\u201cWhat are the names and job positions of any relatives that currently
\nwork for our company?\u201d<\/td>\n<\/tr>\n
Military Experience:<\/strong><\/td>\n\u201cHave you served in any military other than the U.S. Armed Forces?\u201d
\n\u201cAre you a member of the National Guard or the Reserves?\u201d\u201cWhat is your draft classification?\u201d\u201cAre you eligible for military service?\u201d<\/td>\n		\u201cDo you have any experience in the U.S. Armed Forces? What relevant
\nskills have you acquired?\u201d
\n\u201cHave you received any notice to report for duty in the U.S. Armed Forces?\u201d<\/td>\n<\/tr>\n
Sex, Marital, or Family Status:<\/strong><\/td>\n\u201cWhat is your sex?\u201d
\n\u201cWhat is your marital status?\u201d\u201cHow many children do you have?\u201d\u201cHave you made provisions for child care?\u201d\u201cAre you pregnant, when do you plan on having children?\u201d\u201cWith whom do you live?\u201d<\/td>\n		\u201cOur company pays for medical insurance for employees only. Anyone with dependents may cover those individuals by paying the additional premium cost.\u201d
\n\u201cHere are the regular work days and hours for the job position in question.
\nAre you able to work at those times on a regular basis?\u201d
\n\u201cIf you are a minor, please provide us with the name and address of a parent or guardian.\u201d<\/td>\n<\/tr>\n
Sexual Orientation:<\/strong><\/td>\n\u201cWith whom do you live?\u201d
\n\u201cWhat is the relationship between you and your emergency contact person?\u201d<\/td>\n		\u201cWhat is the name and\/or address of a person we may contact as a reference or in case of an emergency?”<\/td>\n<\/tr>\n
Arrest Record:<\/strong><\/td>\n\u201cDo you have an arrest or conviction record?\u201d
\n\u201cDo you have any misdemeanor convictions for possession of marijuana that are more than two years old?\u201d<\/td>\n		\u201cHave you ever been convicted of a felony or misdemeanor? Have you
\nhad any such charges brought against you that were later reduced, dismissed, or not adjudicated due to pre-trial intervention? (YES answers may be relevant if job-related, but do not necessarily bar you from employment).\u201d<\/td>\n<\/tr>\n
Mental \/ Physical Disability or Medical<\/strong>
\n Condition:<\/strong><\/td>\n		\u201cWhat is your general medical condition?\u201d\u201cDo you have any physical or mental disabilities?\u201d\u201cHave you ever filed for workers\u2019 compensation?\u201d<\/td>\n\u201cAre you able to perform the essential functions of this job?\u201dIf the applicant voluntarily discloses a disability, you
\nmay then ask, \u201cCan you perform the essential functions of this job with reasonable accommodation?\u201d
\n\u201cEmployment with our company will be contingent upon passing a job-related physical exam.\u201d<\/td>\n<\/tr>\n
Organizations \/ Activities:<\/strong><\/td>\n\u201cPlease list the names of any organizations, clubs, societies to
\nwhich you belong.\u201d<\/td>\n		\u201cPlease list all the job-related or professional organizations to which you belong. In this list, please omit any organizations whose name would identify you as a member of a protected category.\u201d<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Reprinted permission of Vantaggio HR, ltd.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

Recruiting good employees is a difficult job, and if not done properly, the process can create liability for discrimination claims. Most employers are aware of the blatant discriminatory questions that you are not supposed to ask, but many get in … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"open","template":"","meta":{"footnotes":""},"class_list":["post-227","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/lighthouselegalservices.com\/legal-resources\/wp-json\/wp\/v2\/pages\/227","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lighthouselegalservices.com\/legal-resources\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/lighthouselegalservices.com\/legal-resources\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/lighthouselegalservices.com\/legal-resources\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lighthouselegalservices.com\/legal-resources\/wp-json\/wp\/v2\/comments?post=227"}],"version-history":[{"count":0,"href":"https:\/\/lighthouselegalservices.com\/legal-resources\/wp-json\/wp\/v2\/pages\/227\/revisions"}],"wp:attachment":[{"href":"https:\/\/lighthouselegalservices.com\/legal-resources\/wp-json\/wp\/v2\/media?parent=227"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}