Great Lakes Wire

Employers are advised to avoid questions that may be seen as discriminatory or invasive of a candidate's privacy during the hiring process. It is recommended to steer clear of inquiries not directly related to the candidate’s ability to perform the job. Topics such as race, national origin, citizenship status, religious affiliation, disabilities, pregnancy intentions, sexual orientation or gender identity, past illnesses, age, genetic information, and military service should be avoided.

Additionally, employers should be mindful of state laws prohibiting certain questions like salary history or social media connections. Asking these types of questions could lead to rejected candidates claiming discrimination based on protected classes rather than job-related factors.

If business needs necessitate information potentially linked to a protected class, it should be requested in a manner focusing on job requirements. For example, if Sunday morning availability is essential for the role, provide candidates with the schedule instead of inquiring about their church attendance. Similarly, when verifying physical capability for job tasks, ask if they can perform the task with or without accommodation rather than questioning any disabilities.

Focusing interview questions and discussions on job duties and the candidate’s qualifications helps reduce the risk of inadvertently asking discriminatory questions. Should a candidate mention their inclusion in a protected class unprompted, it is advisable to redirect the conversation back to job-related topics.

This Q&A does not constitute legal advice and does not address state or local law.

The article is courtesy of Ahola.