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Avoid illegal questions during the interview process

| Jan 10, 2018 | Employment Law for Employers |

Hiring a new employee can be a difficult process for a New York employer. As they work through applications and resumes, it can be hard to find ways to distinguish the names they read on paper from one another. When they do get to meet prospective employees in interviews, it can be tempting to delve into a wide range of topics to learn more about the people they may eventually work with.

However, when it comes to interviewing, employers cannot inquire into all possible topics. They must ensure that their interview questions are not only appropriate to the jobs they are hiring for, but the questions also cannot be in violation of any state or federal laws. Generally put, interviewers may not inquire about protected classifications of their interviewees, such as their disabilities, race, religion or other personal traits and identifications.

An interviewer may find themselves in a difficult spot if they ask a presumably innocent question about where an interviewee is from. Information regarding a person’s nationality and place of birth may be protected and may not be used as a means of discrimination against the individual. To this end, it can be difficult for employers to know exactly what they may ask when it comes to bringing a new employee on board.

There are many ways to assess the qualifications of an applicant without venturing into potentially illegal terrain. Before undertaking a hiring, it can help employers to talk out their concerns with legal advisers who work in the employment field. From discussing interview topics and assisting with the creation of employee handbooks, attorneys can be excellent assets to help with questions regarding employment law for employers.