What are some legal issues that employers are faced with during the hiring process?

Under federal law, an employer cannot illegally discriminate in its hiring processs based on a job applicant’s race, national origin, gender, pregnancy, age, disability, or religion. State and local laws may specify additional protected classes based on factors such as the sexual orientation of a job applicant.

What happens if you ask an employee an inappropriate question?

They may feel obligated to and answer it anyway, but you cannot let their answer effect how you treat them as a person or as an employee. If you do ask an inappropriate question, and an employee feels as if their rights have been violated, you could face a discrimination charge as well as a lawsuit.

What can you not ask a job applicant?

You can ask the applicant to describe or demonstrate how she would perform specific job tasks, but you can’t ask about her disability. For example, you can’t ask an applicant:

Can you ask a lawyer about employment law?

There are employment law attorneys here who are most knowledgeable in this area, but your question remains open for a week, and you might be losing valuable time or a good opportunity. From a practical standpoint, ask. You have nothing to lose, and it could be preferable to the prospective employer…

Why are there legal issues in the recruitment process?

Besides the legal ramifications, the reputation of a firm suffers if instances of discrimination come to light. Merit should be the only basis of recruitment, and should be ingrained in your company’s recruitment process. What legal issues are you most concern about?

Are there any questions that are illegal to ask during an interview?

Illegal: Employers cannot discriminate based on sex for a job. Rather than assuming an applicant may not be able to manage the job responsibilities, ask job related questions to find out if an applicant would have difficulty fulfilling the job requirements. Is this your maiden name? What do your parents do? Do you have children?

Is it illegal for an employer to make decisions about an employee’s job?

It is illegal for an employer to make decisions about job assignments and promotions based on an employee’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.

Is it illegal to ask about protected characteristics during job interview?

To find out your state’s rules, see our articles on state employment discrimination laws. Because employers may not make hiring decisions on the basis of a protected characteristic, they also should not ask about protected characteristics during job interviews.