Page 22 - Studer Group Document
P. 22
QUESTION CAREFULLY
MARITAL OR FAMILY STATUS
It is illegal to ask any questions concerning a spouse, childcare arrangements or
dependents. However, it is legal to inquire whether an applicant can meet
specified work schedules or has activities or commitments that may prevent
them from meeting attendance requirements.
RELIGION
You may want to know about religious practices to find out about weekend work
schedules, but it's imperative that you refrain from asking directly about a
candidate's beliefs. Instead, just ask directly when they're able to work, and there
will be no confusion.
GENDER OR SEX
It is illegal to make inquiries about an applicants gender or sexual orientation.
Leave gender out of all questions and you should be fine. You can inquire about
the applicants ability to handle the job, but don’t ask directly about how being a
man or women could affect it.
RACE OR ETHNIC BACKGROUND
Any question that directly relates to race, complexion or color of the skin, eyes, or
hair is illegal. There is no legal way to ask or inquire about this. Asking whether an
applicant is a citizen, or requiring a birth certificate, naturalization, or baptismal
certificate is completely illegal. However, it is legal to inquire whether an
applicant is prevented from being lawfully employment in this country because of
a visa or immigration requirements, and/or whether the applicant can provide
proof of citizenship, visa, or alien registration number after hiring.
AGE
Maturity is essential for most positions, but it's important that you don't make
assumptions about a candidate's maturity based on age. Alternately, you have to
be careful about discrimination towards applicants nearing retirement. While you
may not want to hire an older worker who will retire in a few years, you can't
dismiss an applicant for this reason. Instead, see what the candidate's plans are
for the future; they may plan to work for a number of years.