If you’re conducting an interview with a potential new hire, it’s important not to violate their rights. Some interview questions may seem important or necessary, but they are prohibited during an employment interview. If you ask them, you could be accused of discrimination.
As an employer, you certainly don’t want to make a mistake that would put you in a difficult position. Here are a few things to consider while conducting an interview.
Citizenship questions
Often, the key is to rephrase the question. If you ask someone what country they’re from or what ethnicity or race they identify with, you could be accused of racial discrimination or national origin discrimination. At the same time, you do want to ensure that the person is legally authorized to work in the United States. You can ask them if they have the correct authorization without asking for specifics about their background.
Parental status
Employers sometimes want to know if employees have children or plan to, and how that may impact their schedule. But you can’t discriminate on the basis of pregnancy or marital status. Instead, it may be wise simply to ask about any potential scheduling issues or if the person will be able to relocate to take the job, if necessary.
Religious affiliation
Similarly, you cannot discriminate on the basis of religion or ask a potential employee what religion they are part of. If you’re concerned about scheduling conflicts with religious holidays, though, you certainly can show the employee the schedule and ask them if they believe they will be able to work those hours effectively.
As you can see, phrasing the questions correctly can help to avoid discrimination allegations. If you do find yourself in legal trouble, be sure you know what steps to take.