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How Your Hiring Manager Might Be Putting Your Entire Company at Risk

By May 10, 2017December 6th, 2021No Comments

Man handing a paper over to a woman over a tableThe last thing you want to worry about are the people you interview but don’t hire. For every position, there are stacks of applications and running your business takes up too much time for you to remember the details of every interview you conduct. However, those details could wind up costing you a lot of time and money. While Human Resources should handle policy details, it’s worth everyone’s time to refresh on the basics of the interview to avoid potential complications down the road.

Even if your workplace is casual, your interviews shouldn’t be

An interview is like a conversation, but it’s extremely important to remember that it is not a conversation; it’s a formal consultation to evaluate a candidate’s qualifications. Questions that could reveal personal details should never be asked during an interview. As such, the most common pitfall to avoid in a casual conversation about personal interests, family, or any other topic that doesn’t have a direct bearing on the position in question. You don’t want to end up on the wrong side of a lawsuit.

A CareerBuilder poll found that one in five hiring managers have asked questions during an interview that they later found out were illegal, and a full third of employers didn’t realize that all of the following questions are illegal to ask:

  • What is your religious affiliation?
  • Are you pregnant?
  • What is your political affiliation?
  • What is your race, color, or ethnicity?
  • How old are you?
  • Are you disabled?
  • Are you married?
  • Do you have children or plan to?
  • Are you in debt?
  • Do you socially drink or smoke?

While Title VII of the Civil Rights Act doesn’t explicitly list questions that can and cannot be asked in an interview, there are guidelines available to help you. The consequences of asking these questions in an interview are very real and can be extraordinarily costly. Preventing these mistakes is easy when you have experienced legal counsel working hard to protect your business.

Avoiding court is as simple as scheduling an appointment

It’s important to realize that an interviewee might be offended by a casual question, and it’s a very real possibility that that question could be considered discriminatory in court. Litigation is time-consuming and expensive, but an ounce of protection is worth a pound of cure.

 

Gertsburg Licata is a full-service, strategic growth advisory firm focusing on business transactions and litigation, M&A, and executive talent solutions for start-up and middle-market enterprises. It is also the home of CoverMySix®, a unique, anti-litigation audit developed specifically for growing and middle-market companies.

This article is for informational purposes only. It is merely intended to provide a very general overview of a certain area of the law. Nothing in this article is intended to create an attorney-client relationship or provide legal advice. You should not rely on anything in this article without first consulting with an attorney licensed to practice in your jurisdiction. If you have specific questions about your matter, please contact an attorney licensed to practice in your jurisdiction.

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