Laws and Interviews

If you have ever hired an employee, you probably already know what you can and can’t say during an interview. Do you know why though?

What about your hiring managers? Do you train them before they interview an applicant, or do you assume they already know? You should always review the laws below with your management team and create procedures to help them comply.

Civil Rights Act of 1964

It is illegal not to hire someone because of their race, color, religion, sex, or national origin. While many managers know this information, we need to remind them not to ask questions during the interview process that may make an applicant uncomfortable. For example, an innocent question about an accent could make applicants feel pressured to share information about their national origin.

Age Discrimination in Employment Act

It is illegal not to hire someone age 40 and over because of their age. However, there are a few occupational exceptions, but your organization does not meet those criteria. The best advice is for the hiring manager and anyone involved in the decision-making process not to know the applicant’s age. You should never collect birthdate information on an application or ask applicants when they graduated from high school. A question about high school may seem innocent, but you can save it for after the employee starts working.

Americans with Disabilities Act

It is illegal not to hire someone because of a physical or mental disability limiting a major life activity. All applicants should have the opportunity to review the job description to decide if they can perform the job's essential duties. The hiring manager should never make assumptions or automatically exclude anyone.

Pregnancy Discrimination Act

It is illegal not to hire someone because she is pregnant or has had a child. Once again, the hiring manager should never make assumptions or automatically exclude anyone. You may think a mother would not want to work a particular schedule or travel for a position, but that is her decision. She should also have the opportunity to review the job description to decide if she can perform the job’s essential duties.

I hope this post seems less like a list of rules and more like a guide. I want you to have more confidence and understand what you do and why you do it.