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Before you go beyond these categories,
look critically at whether the information
truly belongs on the application or could
instead be obtained at a later stage in the
hiring process. Deferring whatever informa-
tion you can to that later stage can help you
avoid charges of discrimination by unsuc-
cessful applicants.
The Employment Interview
Next comes the interview. While Title
VII of the Civil Rights Act and other
employment-related anti-discrimination
laws don’t provide a list of off-limits or ille-
gal questions, many questions can be con-
strued as implying an illegal motive, and put
the employer at risk of violating these laws.
That said, reasonable alternatives do exist.
(See table below.)
Beyond these tricky areas of inquiry,
discuss with them the possibil-
ity of moving their business,
that’s a different story. But
it is doubtful that simply
updating a LinkedIn profile by
itself would be considered
solicitation.
Q.
I just learned that one of my
employees gave me false iden-
tification when I hired her.
What do I need to do? Must I
notify the authorities? Do I
have to fire her?
The first thing you should
do is correct any IRS forms
(wage and tax filings), particu-
larly if she used someone else’s
Social Security number. As for
reporting her to the authori-
ties, such as USCIS Immigration
Services, I strongly encourage
you to seek legal guidance to
assess your requirement under
the law.
There are two issues to
consider regarding termina-
tion—is she now legal to work
in the United States? If not,
you cannot legally employ her
and doing so is a violation of
federal law. If she is now legal
to work here (i.e., she has
since filed for and received
the appropriate work per-
mits), you must weigh her
value as an employee with the
fact that she was dishonest
initially. If you do decide to
keep the employee, it is
essential that you carefully
review all of her documents
and check with the Social
Security Administration to be
sure the name, date of birth
and SSN that she provided are
correct.
What Not To Ask
Acceptable Alternatives
Gender
Gender
What is your marital status?
Are you able to work the required
Do you have or intend to have children?
schedule for the job?
What’s your gender or sexual identity?
Are you able to perform the duties of
How do you feel about managing a
the job?
man/woman?
Military Status
Military Status
Are you still in active or reserve status?
Are you a military veteran?
What were the dates of your service?
What military skills and experience are
Were you honorably discharged?
you able to bring to this position?
Are you receiving a disability pension?
Criminal Background
Criminal Background
Have you ever been arrested?
The job requires a security clearance
―
Have you been convicted of a crime?
do you anticipate any problems
Have you served time for a crime?
obtaining a clearance?
Financial
Financial
Have you ever filed for bankruptcy?
Do you have access to reliable
Do you own your own home?
transportation?
Do you own your own car?
Do you anticipate being able to arrive
What is your credit rating?
at work on time?
What is your social security number?
Affiliations
Affiliations
To what clubs do you belong?
Are you a member of any organizations
Do you belong to a labor union?
that could be beneficial to your work
What do you think about unions?
in our industry?
Continued From Previous Page
JUNE 2015 •
PPB
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