There are many laws that have been enacted to protect people from being discriminated against when it comes to employment and the hiring process. It is important for your company to ensure compliance when it comes to the interviewing process to avoid potential litigation. This means educating all hiring managers as well as any others in your company that are involved in the recruiting or hiring process. To get you started, here are the top 4 hiring blunders that can get interviewers into serious trouble:
Hiring Blunder 1: Asking inappropriate questions during the job interview
Before you interview, know what is and is not permissible by law to ask. Consider providing inexperienced interviewers with sample questions in advance. Also prep them on topics that might come up during the interview meeting and how to handle those topics. For example, if an interviewer notices or suspects a candidate is pregnant, they are not allowed to ask any questions about the pregnancy or day care arrangements. Also, steer clear from asking questions regarding applicants’ religion, race, sexual preference, age, physical health, citizenship status or drug or alcohol use.
Hiring Blunder 2: Providing inadequate application forms
Federal and state employment laws require that specific notices or questions be included in the job application form including notices of at-will employment, ADA procedures, and any criminal background checks required for applicants. Many states have enacted “Ban the Box” laws which dictate when, during the application process, an employer may ask about previous criminal history. Know which laws apply to your business!
Hiring Blunder 3: Using discriminatory tests
Although it is legal for companies to conduct job application tests, these tests are subject to the Americans with Disabilities Act (ADA). Results cannot have a disproportionate screening impact on applicants with disabilities or of a certain ethnic group, race or gender. The employer must prove that the test questions measure a trait needed for the job and that there is not a less-discriminatory way for measuring it.
Hiring Blunder 4: Failing to comply with laws on drug tests and background checks
When conducting drug tests, you must ensure that the tests comply with local and state drug testing laws. There are also restrictions mandated by the Americans with Disabilities Act on which medical inquiries can be made during the pre-employment process.
There are many regulations involved in the recruiting and hiring process, and these are just four of the more significant ones! Does this seem complicated and time consuming? Tandem HR recommends all businesses have a professional relationship with an expert in employment law. If you need to establish that relationship, call us today at 630.928.0510.