Avoid the Legal Nightmare of Discrimination in Hiring Employees

If a company has 20 or more employees it is illegal for them to refuse to hire an otherwise qualified applicant simply because they belong to one of these protected groups. This is federal law and state law in most states goes even further in these protections. Employers are liable for any discriminatory action by their employees and by agencies that supply their employees. Individuals who have experience this discrimination are encouraged to seek monetary damages in civil court.

Interviewers have to be extremely careful about what questions they ask in an interview. Even if there is no malicious intent in the questions, the courts will assume that this information was used in a discriminatory manner. Questions like "What type of accent is that?", "Do you plan on getting pregnant" or "Were you born in the United States?" are questions that are not relevant to the interview and could lead to a discrimination claim if the applicant is not hired. It's better to be safe than sorry and make sure that you don't ask the same questions of every candidate and that the questions are pre-planned and screened to make sure that they are legal.

It is especially important to watch what you say in the informal beginning of an interview when you are trying to make the candidate feel at ease. The small talk in these instances can be a danger zone. Even something as innocuous as "Are you married?" or "We have great schools around here. Do you have kids." could come back to haunt you.

Employment discrimination is a very serious business. We may discriminate in a legally benign way in our day-to-day lives, but when we are at work there is a legal minefield. Employees who interview and hire in your company are properly trained into the legal aspects of employment law. Otherwise, a legal nightmare might be in your future.