In yesterday’s Advisor, consultant Bridget Miller shared some application questions to avoid, including those that reveal age or disability information. Today, Miller covers more protected classes, private information, and other areas of inquiry that your application shouldn’t touch with a 10-foot pole.
 |
AVOID: Questions that Could Appear to Discriminate Based on Aspects that May Be Covered by State Laws or Other Regulations
Here are some more examples of topics to avoid, as they may appear to be discriminatory or it may be illegal at the state level to query after them:
- Marital status. This one should be obvious, but unfortunately, it still bears repeating: There’s no need to ask questions that single out individuals of one gender, such as questions regarding an applicant’s familial status or questions about marriage and children. Asking such questions may appear to be discriminatory based on gender, since such questions do not relate to the individual’s ability to do the job—and in some states, it is illegal to discriminate based on marital status. Questions about marital status (such as asking for a title Ms./Miss/Mrs., or asking for a maiden name) should be avoided.
- Arrest records. Asking about arrests may or may not be illegal where you are, but it can appear to be discriminatory because it may inadvertently have a disparate impact on a protected class. Remember, arrest records are not the same as convictions—and even conviction information should be included on an application only if it is relevant to the job.
- Sexual orientation. Questions about sexual orientation should be avoided, as it is regarded as a protected class in several states.
- Height and weight. These questions can appear discriminatory if they’re not directly related to the ability to do the job—especially if they result in a disproportionate effect on one gender or nationality group.
- Credit history. Questions about credit history—if not directly related to the job—may appear to be discriminatory because it may have a disparate impact on some groups. The same goes for questions about wage garnishment, bankruptcy, or home ownership. Financial questions are likely permissible only when directly related to the job—and this means only for a few select jobs.
You’re looking at your employment application…but how about your job descriptions? Join us on August 13 for an informative webinar on using correct language to use when drafting job descriptions, Drafting ADA-Compliant Job Descriptions: Must-Have Tips to Avoid Lawsuits. Learn More
AVOID: Any Other Questions that Unnecessarily Require Disclosure of Private Information
These questions should be avoided primarily to protect employee privacy and sensitive data. Before making a job offer, it’s not usually necessary to have an applicant’s Social Security number, for example. This might be necessary for some background checks, but it’s not necessary before an applicant has even made the short list. Asking for extra unnecessary information means the employer has even more personal data on hand that could be at risk if there are any security breaches.
It’s worth noting that some of the questions we’ve suggested to steer clear of will be necessary after an applicant becomes an employee. Birth date is a perfect example of something that will become necessary later—but it is not necessary during the hiring process, so an employer should not ask at that time.
Bear in mind that many of these questions are not illegal to ask; they’re simply not advised for any employer that wants to avoid the possibility of appearing discriminatory in its hiring practices. However, if there is a legitimate business reason to ask a certain question, be sure to have that reason available.
Similarly, poorly drafted job descriptions have the potential for causing a legal stir, particularly in regards to the ADA. Knowing how to analyze a job and provide a description that complies with the limits of the ADA is a tricky business for employers, and can seem daunting.
Knowing what to put in and what to leave out is crucial. What’s the job function? What constitutes reasonable accommodation? These any many other questions arise when drafting a job description that steers clear of ADA issues.
Poorly worded job descriptions can lead to legal headaches. Fortunately there’s timely help in the form of BLR’s new webinar—Drafting ADA-Compliant Job Descriptions: Must-Have Tips to Avoid Lawsuits. In just 90 minutes, on Thursday, August 13, you’ll learn everything you need to know about creating an iron clad job description.
Register today for this interactive webinar.
Get must-have tips to avoid lawsuits on Thursday, August 13 in a new interactive webinar, Drafting ADA-Compliant Job Descriptions: Must-Have Tips to Avoid Lawsuits. Earn 1.5 hours in HRCI Recertification Credit and 1.5 hours in SHRM Professional Development Credit. Register Now
By participating in this interactive webinar, you’ll learn:
- How to strike a good balance between providing the right amount of detail and too much
- Job description dos and don’ts, including what you should include and what you should keep out
- How to craft functions that are truly essential to a given job–and why this is so important
- Signs that your current job descriptions may be out of date
- How to develop a process to use when creating new job descriptions or updating those that have become outdated
- How to identify and describe job tasks that are “stress producing” without direct references to stress or pressure
- What factors must every ADA-compliant job description address—physical, emotional, and environmental—without infringing on legal restrictions or screening out disabled applicants or employees
- How to spot ambiguous or potentially dangerous job description language that can trigger an ADA lawsuit
- And much more!
Register now for this event risk-free.
Thursday, August 13, 2015
1:30 p.m. to 3:00 p.m. (Eastern)
12:30 p.m. to 2:00 p.m. (Central)
11:30 a.m. to 1:00 p.m. (Mountain)
10:30 a.m. to 12:00 p.m. (Pacific)
Approved for Recertification Credit and Professional Development Credit
This program has been approved for 1.5 credit hours toward recertification through the Human Resource Certification Institute (HRCI) and 1.5 credit hours towards SHRM-CPSM or SHRM-SCPSM.
Join us on Thursday, August 13, 2015—you’ll get the in-depth Drafting ADA-Compliant Job Descriptions: Must-Have Tips to Avoid Lawsuits webinar AND you’ll get all of your particular questions answered by our experts.
Train Your Entire Staff
As with all BLR®/HR Hero® webinars:
- Train all the staff you can fit around a conference phone.
- Get your (and their) specific phoned-in or e-mailed questions answered in Q&A sessions that follow the presentation.