Florida Business Attorneys | Harris Law Firm Miami
  • Home
  • Services
    • Employment and Labor Law
    • Business Law & Litigation
    • Trial Law
  • THE FIRM
    • ROBERT N. HARRIS
    • LAURA RUIZ
    • MARRA CHINN ALLEN
  • RESULTS
  • Blog
  • NEWS
  • CONTACT US

INTERVIEWING 101

8/23/2018

1 Comment

 
employment interview harris law firm miamiInterviewing Best Practices
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. 

1 Comment
tribuna penitenciária rj link
7/16/2023 03:09:29 am

Hi thanks for sharing thiis

Reply



Leave a Reply.

    Archives

    November 2018
    August 2018
    June 2018
    May 2018
    April 2018
    March 2018
    December 2017
    August 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016

    Categories

    All
    Discrimination Law
    Employee Discrimination
    Employer Harassment
    Employment Lawyer
    Wrongfully Terminated

    RSS Feed

Services

Employment and Labor Law
Business Law and Litigation
Trial Law

Company

The Firm
Success Stories
News
Blog
Disclaimer
Privacy Policy

CONTACT US

Harris Law Firm
​800 Brickell Ave.
Suite 1205
Miami, FL 33131
305-536-6131
888-625-5330
© COPYRIGHT 2022. ALL RIGHTS RESERVED.
  • Home
  • Services
    • Employment and Labor Law
    • Business Law & Litigation
    • Trial Law
  • THE FIRM
    • ROBERT N. HARRIS
    • LAURA RUIZ
    • MARRA CHINN ALLEN
  • RESULTS
  • Blog
  • NEWS
  • CONTACT US