You may have a pretty good handle on your employment practices- but did you know that you’re on the hook for actions that you take during the application process? Specifically, did you know that you can have suit brought against you for claims of discriminatory actions in your hiring process? Such is the case even if you do NOT hire someone. Among other precautions to take, there are certain questions you should refrain from asking. Recognizing that certain positions may have unique characteristics that merit including certain questions on an application related to SOME topics out there, it’s generally a safe bet to stay away from questions that relate to THESE:
• Race • Gender • Religion • National Origin • Native Language • Pregnancy • Marital Status • Children and Childcare Arrangements • Questions about medical conditions (including indirect questions) • Disabilities or necessity of reasonable accommodations • Past leaves of absence • And more…..!
A good rule of thumb: if they can sue on the basis of your alleged discriminatory action AFTER they get hired, they can sue BEFORE! When it comes to these topics- Mum’s the Word! Questions on exceptions or distinctions? Concerns? Contact C&G today!
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