When employers conduct interviews, they need to be careful about the questions that they ask. While some employers believe that they’re allowed to ask anything they want, there are actually many topics that they need to avoid. Failing to do so could lead to allegations of discrimination.
In some cases, the way that the subject is addressed is the real problem. So, it’s important for employers to think about what information they need and how to avoid asking for information that shouldn’t be included in any hiring decisions.
Age-related issues
One example of this is talking about an applicant’s age. Age discrimination is illegal, so the employer should not be attempting to figure out if the applicant is over 40 so that they can deny them the position. However, certain jobs do have legal age requirements – if the employee needs a driver’s license, for instance – so employers are allowed to ask if the applicant satisfies that requirement.
Religious issues
Similarly, religious discrimination is illegal in hiring. An employer cannot ask what religion a person follows or what religious holidays they observe.
However, it is permitted for employers to make statements about the days that the employee needs to work. They may simply inform the employee of the regular shifts that will need to be covered and the schedule the employee needs to follow. The employee can then decide if they’ll be able to meet those requirements or not. There could be a religious conflict that prevents them from doing so.
As you can see, these employment issues are complicated and nuanced. If you are facing employment discrimination, you need to know what legal options you have.