Questions Not to Ask During an Employment Interview
There are many federal laws (and also state laws) in place to protect job seekers from workplace discrimination. Best practices and staying up to date with employment laws also help employers avoid discrimination lawsuits.
 
Simply put, it’s best to avoid asking job candidates about age, race, ethnic origin, gender identity, sexual orientation, marital status, children, family planning, disability, and genetic information. Even if it isn’t the intention, the answers to these questions could bias the interviewer against the job seeker.
 
Stay away from questions that could be perceived as discriminatory and consult the Equal Employment Opportunity Commission (EEOC) for more information.
 
As a business owner, it’s important to know that you should not ask certain questions during a job interview. Equally, as a job seeker, it’s critical to know how to best answer questions that aren’t relevant to the position.
 
Interview Questions to Avoid:

1. What area do you live in? 
   A person’s zip code isn’t relevant to the job and could be viewed as trying to discover a candidate’s socio-economic status or race. It’s better to frame your question with “Will you have any issues arriving to work on time?”
2. What year did you graduate high school?
   Perhaps this is an innocent question, but the answer generally indicates a person’s age, and there are laws that prohibit age-related questions that are discriminatory. Learn more about the Age Discrimination in Employment Act (ADEA). 
3. Is it a problem for you to be supervised by a younger manager?
   Similar to ADEA violations, you don’t want a candidate feeling that they are being judged for his/her age.
4. When did you last use drugs?
   This type of question could be confusing, and it’s illegal to ask about prescription drug use for health conditions, so if you have to ask, it has to relate to the current use of illegal substances. Even better, ask candidates if they are comfortable taking a drug test prior to and during their employment.
5. Where is your accent from?
   Candidates might believe you are asking because either you are curious or you are making hiring choices based on national origin, which is illegal.
6. You have a unique last name, is it _________(fill in the blank)?
   Again, this is another example of fishing for answers that could be seen as discriminatory hiring practices based on a person’s race, religion, or ethnicity.
7. Do you have children? Do you want more?
   It’s essential to avoid talking about kids at all costs, even if the candidate is first to mention having children. Continuing the conversation might lead candidates to believe you are making hiring decisions based on their status as a parent (or non parent).
8. Are you married?
   Asking this question could be viewed as discriminatory and be seen as a way to weed out people who are unwilling to work late or travel for business.
9. Are you a U.S. Citizen?
   While commonly asked, interviewers cannot legally ask you about your citizenship. However, prospective employers can ask if you are legally authorized to work in the U.S.

 
These sample questions could be seen as illegal and infringe on a person’s state and federal rights.  It’s best to consult with the human resources department, an employment attorney, or local EEOC office for more information.
 
Employers should use a set of standard questions for every candidate. Otherwise, companies run the risk of individuals feeling singled out and discriminated against during the hiring process. This could lead to a filing of an EEOC charge of discrimination and/or a lawsuit.
 
Questions can vary based on the candidate’s job skills, experience, and work background. Research, plan, and prepare the interview process to ensure compliance with state and federal laws and fair treatment to all who apply for the job. 

Employees who have filed complaints and/or have asserted their rights protected by the Equal Employment Opportunity (EEO) cannot be discriminated against, harassed, or discharged on account of such activity. If adverse action is taken against an employee for engaging in protected activity, the affected employee may file suit for relief, including reinstatement to his/her job, payment of lost wages, and damages.

​Learn more about the EEOC's enforcement guidance on workplace retaliation and the protected categories, including race, sex, national origin, religion, disability, age, and others. Or consult with an employment and labor lawyer in your area to better understand your civil rights.

Are Employers Required to Give Lunch Breaks?

Do you know there is no federal law requiring businesses to give lunch breaks to employees? Each state decides whether or not lunch breaks are mandatory.

Currently, there are 19 states which require lunch breaks: California, Colorado, Connecticut, Delaware, Illinois, Kentucky, Maine, Massachusetts, Minnesota, Nevada, Nebraska, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Tennessee, Washington D.C., and West Virginia. Florida, unfortunately, is not on the list.

However, many employers choose to give employees breaks. Consult with management or HR to know if you are allowed to take lunch or other breaks and if such breaks are paid or unpaid.

​Who Does the ADA Protect?
The Age Discrimination in Employment Act of 1967 (ADEA) protects applicants and employees who are 40 years of age or older from employment discrimination based on age.

Who Does the ADEA Cover?
The ADEA applies to private employers with 20 or more employees, state and local governments, employment agencies, labor organizations and the federal government.

What Actions are Prohibited By the ADEA?
Under the ADEA, it is unlawful to discriminate against a person because of his or her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. Harassing an older worker because of age is also prohibited.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.

The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older.

Employees who feel discriminated against due to age should consult the company's policies and procedures manual, which usually involves notifying human resources and/or management. Additionally, visit the EEOC to learn more about age discrimination and harassment in the workplace, or consult with an attorney specializing in employment and labor law.

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against individuals because of their religion (or lack of religious belief) in hiring, firing, or any other terms and conditions of employment. The law also prohibits job segregation based on religion, such as assigning an employee to a non-customer contact position because of actual or feared customer preference.

In addition, the Title VII requires employers to reasonably accommodate the religious beliefs and practices of applicants and employees, unless doing so would cause more than a minimal burden on the operation of the employer's business.

A reasonable religious accommodation is any adjustment to the work environment that will allow the employee to practice his religion. Flexible scheduling, voluntary shift substitutions or swaps, job reassignments lateral transfers, and exceptions to dress or grooming rules are examples of accommodating an employee's religious beliefs.

​What are my legal rights during a job application?

There are multiple state and federal anti-discrimination laws that protect you during the job hiring process. Do you know it’s illegal for any employer to do the following?

• Discriminate applicants on the basis of race, color, religion, sex, or national origin
  (Title VII of the Civil Rights Act of 1964);
• Pay men and women unequally despite performing substantially similar work
  (Equal Pay Act of 1963);
• Discriminate on the basis of age (Age Discrimination in Employment Act of 1967);
• Discriminate on the basis of disability, if the applicant is otherwise qualified
  (Title I and Title V of the Americans with Disabilities Act of 1990 and Sections 501
  and 505 of the Rehabilitation Act of 1973); or
• Discriminate based on an applicant’s genetic information
• (Title II of the Genetic Information Nondiscrimination Act of 2008).

 
As a business owner, hiring manager, or prospective employee, it’s important to know these types of questions asked during an interview or on an application are not permitted:

• Are you a U.S. citizen? What is your citizenship or country of origin?

• What is your age?

• What is your marital status?
• Do you plan to have a family? How many children do you have?

• Do you have any genetic diseases?
• What is your religion?
• Do you have a disability?

  
No Drug Tests Against Applicant’s Will
Did you know it’s illegal for employers to force job applicants to take a drug test? This means an employer cannot force an applicant to take a drug test against the applicant’s will. However, an employer offering a job that is contingent on passing a drug test is indeed lawful, and the applicant can choose to submit to the test or not.
 
For more information visit www.eeoc.gov/laws/practices.

I was recently discussing with a colleague (a father of 4) that there is a new law which requires changing stations in both men’s and women’s bathrooms in certain buildings. He laughed because he couldn’t believe there was an enforceable law in place. Then he started to reminisce about changing his children’s diapers on his lap, the trunk of the car, and the hood—yes, the hood! (And, no, the car wasn’t running or hot.)

As a parent, this is a challenge of which I’m familiar. While dining, traveling, and shopping, I’ve been lucky enough to score a bathroom with changing facilities, but I’ve also met my fair share of those lacking this much appreciated modern-day convenience. For dads, they have it worse due to the absence of changing tables in men’s restrooms. I’ve seen my husband frustrated by the lack of compassion for diaper bag-toting parents.

I’m pleased to report on October 7th, President Obama signed a bill into law requiring changing stations to be available in the men’s and women’s restrooms of public federal buildings. The Congress.gov website states changing facilities should be “…physically safe, sanitary, and appropriate” for use. The new law titled ‘The Bathrooms Accessible in Every Situation (BABIES Act)’ is not fancy sounding, but who cares!?

I was surprised when I learned a bipartisan majority in the House of Representatives agreed to the bill before being unanimously passed in the Senate. Many are praising this law, although there are those who feel the law doesn’t do enough and that it’s just a small step toward equality. I say it’s a positive start! Let’s celebrate the small victories. (Parents, I know you are silently applauding while reading this.)

Let’s face it, fathers have been dealing with the woes of changing diapers when out in public while harnessing their inner MacGyver, but oftentimes that means changing your little one on dirty floors, unsanitary countertops and car trunks. And for the women who have endured similar moments using their lap and passenger seat to get the job done, I would bet they are also in favor of all businesses installing changing stations in the restroom. At least designate one as family friendly, equipped with a changing table, turning a “unisex” restroom into an all-ages appropriate facility.

We often talk in the context of men versus women, but what about rethinking bathrooms in terms of family-friendly or child-friendly? Let’s think about who really has the disadvantage here—why are we discriminating against youngsters when it comes to providing basic needs in a public setting?
​
The full language of the Bathrooms Accessible in Every Situation or Babies Act can be viewed here https://www.congress.gov/bill/114th-congress/house-bill/5147

—Marra Chinn Allen, Marketing Coordinator & Office Manager