If you're a small business then one of the greatest thing you can do is expand and grow your business. No one wants to be at the office or storefront 24/7 365 so hiring employees is inevitable.
Think you can have a casual conversation with a potential job applicant and ask any question under the sun? Think again.
According to various federal laws and commission, including the U.S. Equal Employment Opportunity Commission and American With Disabilities Act (ADA), asking the wrong question can get you sued or in a public relations firestorm before you've even offered the person a job. Spoiler alert: if you get hit with a ADA action, it shows up on their main page. Don't believe me? Check it out for yourself.
Not everyone can afford a Slidell small business lawyer so here are a few things for you to consider before you interview someone. Of course, this is just legal information and every state and industry standard is different. Please consult a licensed attorney in your area and your state to go over what your specific needs. There are some nuances for certain industries.
These questions apply to any communication with the potential candidate and anyone you contact concerning reference checks. Communications mean verbal and oral, formal and informal. For example: job interview, job application, emails, text messages, Facebook messages, phone conversations, Zoom conversations, etc.
a. Do you have any kids?
b. How old are you? This can be ask ONLY if there is a legal age requirement to the job. If so ask "Are you at least (age required to perform the job) in accordance with (insert law here)?"
c. What religion are you? What Church do you belong to?
d. When did you graduate? Amber, that sure is weird. It goes to knowing how old someone is which can be considered age discrimination.
e. Do you take drugs? Sounds weird, right? Well they may take prescribed drugs and asking about that can get you sued and in violation of EEOC. Asking if they take illegal drugs is fine.
f. How long is the commute here from your house?
g. Have you ever been arrested? That’s a no-no. But you CAN ask if they’ve ever been convicted.
h. Are you in the military?
i. Were you born in the US/ where are you from if they have an accent? This goes to national origin.
j. Anything about their physical or mental health (height, weight, disabilities)
k. Have you ever filed for Worker's Compensation before?
l. Do you have any mental health issues?
m. Do you have any genetic disorders?
n. Does your family have any medical disorders?
o. Are you pregnant? Do you plan on becoming pregnant in the next year?
p. Are you biracial?
q. What is your sexual orientation?
According to the EEOC and ADA, there are some instances where you can ask about disabilities but it is very, very, very limited to the following.
If you need help drafting an EEOC and ADA compliant job application* or interview process in Louisiana or Mississippi, holler at us.
Want to get started with a paid business consultation with Amber & Tubbs? You can shoot us an email to start a conversation or reach out to our Assistant Brielle via phone or text at 985-265-7069 to schedule or get pricing information.
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* We make no guarantees but will do our best to follow all guidelines including case research in your jurisdiction.
