How can an employer protect itself from charges of discrimination in its interview process

Equal Employment Opportunity Commission enforces Federal laws prohibiting employment discrimination. These laws protect you against employment discrimination when it involves: Unfair treatment because of your race, color, religion, sex including pregnancy, gender identity, and sexual orientationnational origin, age 40 or olderdisability or genetic information.

How can an employer protect itself from charges of discrimination in its interview process

Where can I get more information about applying and interviewing for jobs?

EEOC's Charge Processing Procedures - FindLaw

If I meet the qualifications of the job, do they have to offer me an interview? Employers may legally choose whom they extend an interview offer to; however, it is illegal for employers to refuse to interview based on forms of discrimination that are prohibited by law.

Thus, it is illegal for an employer to refuse to interview you because of your religion, race, national origin, sex, age, or disability. Nonetheless, employers do not have to tell you why they are choosing not to interview you. How long should the hiring process take?

According to a recent study by Glassdoor Economic Researchthe time it takes to get a job is increasing. On average, in the United States, it took The study notes that the length of the hiring process is most likely affected by additional screening methods being used by employers.

These screening methods include phone interviews, one-on-one interviews, group panel interviews, presentations, IQ tests, job skills tests, personality tests, drug tests, and background checks. In general, what kind of questions can an employer ask me on an employment application or interview?

In general, employers should only ask you questions about bona fide occupational qualifications BFOQ — or questions related to whether you would be able to perform the job and how you will handle certain employment challenges. Can the potential employer ask me about my age? Employers cannot base hiring decisions on age.

For more information on age discrimination in employment see our age discrimination page. Can the potential employer ask me about my medications? Following the BFOQ standard, the potential employer should only ask if you are taking any medications that could affect your ability to perform the job.

Therefore, the only medication information you must disclose in the hiring process is information on such medications. After you accept a job, the employer will have more rights to access your medical record, but once again, only medications or medical conditions that can affect your ability to perform your job can be used as a reason to fire you.

For more information on medical information in employment see our medical privacy page. Employers should not ask you whether you are in a union or your opinion on unions.

Ultimately the employees decide whether there is a union and whether they want to be part of it — the employer has no control over this. For information on your union rights once employed see our unions and collective action page. Can the potential employer ask me about my religion?

Asking about your religion could be a sign of illegal discrimination by the employer. You may choose not to answer such a question. However, an employer can ask questions regarding scheduling when it is a bona fide occupational qualification — such as "This job requires you to work weekends, is this a problem?

Can the potential employer ask me about my disability? It is illegal for an employer to ask you if you have a disability. However, if you have a disability that people can see, or you tell the potential employer that you have a disability or will need an accommodation, the employer can ask you about your disability and what accommodations you will need.

For more information about disability discrimination in employment see our disability discrimination page. Can the potential employer ask me to demonstrate that I can do the main parts of the job?

The employer can both ask you whether you can perform each of the job requirements and ask that you demonstrate your ability. Generally, everyone applying for the job should be asked to demonstrate the same job functions.

However, if you have a visible disability or have told the potential employer about your disability, they can ask just you to demonstrate your ability to do essential job functions.

Can the potential employer ask me about my childcare arrangements or family plans? Generally, questions such as:When a charge is filed against an organization, the EEOC will notify the organization within 10 days. The notification will provide a URL for the Respondent to log into the EEOC's Respondent Portal to access the charge and receive messages about the charge investigation.

The EEOC handled its first employment discrimination charges brought under the Genetic Information Nondiscrimination Act (GINA). and practices can work in their favor in an employment discrimination lawsuit.

How can an employer protect itself from charges of discrimination in its interview process

If the employer can demonstrate the following preventative actions, the employer may escape significant damages. The policy . In April , the EEOC issued a policy guidance that said an employer that makes an employment decision based on an applicant/employee’s criminal history “may, in some instances, violate the prohibition against employment discrimination under Title VII of the Civil Rights Act of ”.

Chapter 4 ) What three ways can selection interviews be classified? How can a firm protect itself from charges of discrimination in its interview process? Employers can also reassure candidates that the job interview process is fair, %(7).

the process of defining the way work will be performed and the tasks that a given job requires. What can an organization do to protect itself against discrimination and unjust dismissal lawsuits?

How does the use of physical ability tests make the organization vulnerable to the charges of discrimination? An employer is required to provide a reasonable accommodation to a qualified applicant or employee with a disability unless the employer can show that the accommodation would be an undue hardship -- that is, that it would require significant difficulty or expense.

Pending Criminal Charges and A Criminal Record: Effect on Employment |