In November 2015, President Obama announced executive action directing federal employers to defer questions about a candidate`s criminal history to a later stage of the application process. Many states, cities, and private employers have already taken steps to “ban the box,” referring to the checkbox on applications asking if the plaintiff has ever been convicted of a felony. However, some federal employers and contractors are still asking the question. The President`s executive action applies to federal employers, but not to contractors. See Obama`s “ban-the-box” mandate has limited scope and fact sheet: President Obama announces new measures to promote rehabilitation and reintegration of former prisoners In today`s competitive environment, the quality of your team is critical to your success. In your enthusiasm to find the right person, you may not be thinking about what you should and shouldn`t ask. The Equal Employment Opportunity Act (EEOA) prohibits you from asking questions that could lead to discrimination or the appearance of discrimination. Unlike a conviction, an arrest is not reliable evidence that an applicant has committed a crime. Thus, exclusion based on an arrest report is justified only if the conduct appears to be professional and relatively new and if the applicant or worker has actually engaged in the conduct for which he was arrested. Therefore, to avoid problems, employers should conduct ongoing reviews of all job criteria and interview questions to ensure they are professional and business-related.
See Unknowingly asking inappropriate interview questions *Note on arrest records: The use of arrest or conviction records as an absolute barrier to employment disproportionately excludes certain racial groups. Therefore, such records should not be used in this way, unless there is a commercial need for their use. Thus, exclusion on the basis of an arrest report is justified only if the conduct is professional and relatively new and if the applicant or worker has actually engaged in the conduct for which he was arrested. According to the EEOC, whether there is a commercial need to exclude persons with criminal records from certain jobs depends on the nature of the activity, the nature and gravity of the offense, and the time elapsed since the conviction or detention. In addition, some states prohibit the use of arrest records in employment decisions. Employers often ask this question in addition to “How long does your commute take?” when a candidate needs to be able to travel frequently for work. Although in rare cases a car is needed to do the job, most of the time the employer is very busy with the presence. To avoid questions that might allude to an individual`s current or past assets, ask questions like, “Is there anything that could affect your ability to visit our clients` offices every Monday?” Not sure what questions you shouldn`t ask in an interview? Are you not familiar with the questions about the illegal use of legal matters? The last thing you want in an interview is to feel uncomfortable. If you know the inappropriate interview questions, you will answer the legal questions with confidence. Asking questions about these issues can lead to allegations of discrimination, an investigation by the U.S.
Equal Employment Opportunity Commission (EEOC), and possibly a lawsuit if the problem cannot be resolved. Despite the specific information employers would like to have, they should avoid discriminatory questions during interviews or on application forms and refuse to base a candidate`s assessment on discriminatory criteria. Many complaints and lawsuits of discrimination arise from interviews and application forms. Since the cost to an employer of defending itself against a lawsuit for unlawful discrimination in the workplace can run into the hundreds of thousands of dollars, an employer must ensure that it conducts legal interviews and uses application forms that have been carefully reviewed to exclude prohibited inquiries. Do you want to be ready to answer the most common legal interview questions and land your dream job? Let our guide improve your interview skills: Common Interview Questions and Best Answers Conviction questions are usually illegal questions that an employer cannot ask. Exceptions are if the conviction is related to the position or if the position is sensitive. They cannot ask for that. Can they? Find out in this guide to illegal interview questions. It shows illegal interview questions – questions that are prohibited by the EEOC (Equal Employment Opportunity Commission) of the United States. If the position for which the candidate has applied is critical to security, it should be acceptable to ask about convictions. Candidates who deal with large sums of money (cashier, treasurer, money transfer agent) or aligned roles in which the candidate works unsupervised, such as janitor, janitor or truck driver, could all be considered security-sensitive.
Of course, you want to find the right skills, personalities, skills, and knowledge to join your team. But there is a minefield of questions to avoid during the interview. In fact, 20 percent of HR and HR executives admitted to asking illegal questions, according to a Harris poll of 2,000 of those employers. Do not expose your business to such a risk by following these guidelines: The EEOC Compliance Handbook, Discussion Letter and Application Guides: Pre-Employment Disability Questions and Medical Examinations address the issue of interview questions that, when used in the selection decision, have a discriminatory effect by eliminating the protected groups for the job in question. There are dozens of questions you can`t ask in an interview and hundreds more you can. The following passage is an excerpt from Jane Eyre, an extremely popular book by Victorian author Charlotte Bronte (1816−18551816-18551816−1855). Jane Eyre, written in 184718471847, is fiction, but it contains important autobiographical elements. Employers should not judge whether a person with a medical condition can do a job. Medical questions are important questions that you should not ask during an interview. Some questions about financial situation have been used to discriminate against minorities. However, if they don`t address race, religion, national origin, gender, age, disability, or genetic information, they are not inappropriate interview questions.