Potential Legal Problems in a Job InterviewBy Gary Jenkins

Outline Illegal interview questions Consequences to the company How to avoid asking impermissible

questions

Illegal Interview QuestionsHow old are you? When did you graduate from

School?

What’s your religion? What are you doing for Christmas?

What is your nationality? Where are you from?

Are you married or with children?

Do you wish to be addressed as Miss, Ms., or Mrs.?

Are you disabled? How often will you need time off due to your disability?

Obvious Not So Obvious

Possible Consequences Compensatory Damages

Future monetary loss Emotional pain Suffering Loss of enjoyment of life

continued

Possible Consequences (cont.)

Punitive Damages Civil Rights Act of 1991 Money paid to victim as punishment to

the company Up to 300,000

continued

Possible Consequences (cont.)

Damage to the Company’s Reputation Loss of costumers Increased turnover

What Can I Do to Avoid Asking Illegal Interview Questions?

Know the Major EEO Regulations

Title 7 Civil Rights Act of 1991 The Americans with Disabilities Act

of1991 Age Discrimination in Employment Act

of 1967 Pregnancy Discrimination Act of 1978

Keep it Job Related Ask questions related to the

characteristics in the job description Avoid friendly but personal questions

Keep it General Make sure questions relate to everyone Develop structured Interview questions Do not ask questions that single out a

group

Phrase Questions CarefullyHow old are you? If you are hired, can you show

proof of required age?

What is your religion? Will you be able to work the days, hours or shifts needed in the position applied for ?

What is your nationality? None

Are you married or with children?

None

Are you disabled? Are you able to perform the job duties with or without reasonable accommodation?"

Bad Good

Review Some illegal questions are obvious, but

some are not Intended or not, charges of

discrimination are costly to the company Familiarize yourself with EEO laws, and

structure questions accordingly to avoid problems.