It is the responsibility of any person in a hiring position to understand these laws
and how they affect the company’s employment procedures and practices. Asking suspect
questions leaves companies vulnerable to discrimination lawsuits. The very act of asking
such questions sets up an implication that the company may use the answers discriminatorily.
Yet, however expressed, the interviewer may have a legitimate reason for asking the question.
Too often, job-hunters do not explore the reason behind the interviewer’s question. Regrettably,
they automatically assume malicious intent when they hear an alleged illegal question, and may
refuse an offer believing that the company isn’t the right working environment for them.
Interviewing is expensive and time-consuming enough without any allegations of discrimination.
Permissible Questions To Ask In A Pre-Offer Interview:
Impermissible Questions May Include The Following:
All interview questions should be job-related. If you’re not sure about a question, determine
the following: Does the question relate to business necessity? Does the question relate to the
candidate’s ability to perform the tasks for which he/she is being considered? Just use some
common sense and achieve the best qualified candidates while eliminating your company’s vulnerability!
Sheri Rosenthal is an attorney who practices all apsects of civil litigation and transactional work,
primarily in the area of business law, construction and real estate law. Contact Ms. Rosenthal at
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