As an employer, you know that you cannot discriminate against employees who are in certain protected classes. During interviews, it is important to avoid even the appearance of discrimination.
To that end, it can be helpful to know how to phrase questions and what you can and cannot ask. Even a question that you believe is relatively innocent could lead to allegations of discrimination.
Focusing on the job
Typically, the key is to focus on the job, the duties that will be required of the employee, and how they may or may not be qualified for that position.
For example, pregnancy discrimination is illegal, so you cannot refuse to hire someone because they are pregnant or because they might become pregnant in the future.
That said, you may understand that someone who is about to start a family may not be able to relocate, work overtime or travel for work. Asking if they will be able to meet these job requirements can help you determine if they are a good fit without asking about their family life directly.
Another example pertains to religious discrimination. Maybe you run a business that is often open on holidays and weekends, so you are concerned that an employee who follows a certain religion may not be available for work. While you cannot ask what religion they follow, you can ask about their weekend availability or whether there is anything that would prevent them from working on major holidays when necessary.
Defending against discrimination claims
Even when you are careful about the questions that you ask and ensure that you do not violate an employee’s rights, you may still find yourself facing claims of discrimination. If you do, it is important to know what legal defense options you have to protect your business, your reputation and your future. An experienced attorney can help.