Staffing Trend: Surprising Questions You Can’t Ask in an Interview
In our litigiously-minded society, staffing agencies and their clients face potential exposures as soon as the client walks in the door. Asking inappropriate or illegal questions in an interview can result in a lawsuit, costly negotiations and even harm your company’s brand.
In an industry based on recruiting, it is essential that employees know what and more importantly, what not to ask job candidates in an interview. State and federal laws have made any questions that ask a candidate to reveal information without a job-related basis can violate various discrimination laws. Here are some of the more surprising questions you can’t ask in an interview.
Have you ever been arrested? You can’t ask about an employee’s arrest record. And depending on the state, a conviction record doesn’t automatically destroy your chances of employment unless it relates to your job. For example, if you’ve been convicted of bank robbery, you most likely won’t be hired at a bank. While you can’t ask about an arrest record however, you can ask if they’ve ever been convicted of a crime.
What holidays do you practice? While you may be making conversation, asking what holidays and specifically what religious holidays they practice is illegal because it forces an individual to reveal their religion. If a work schedule could interfere with their lifestyle, you can ask them if they are available to work on Sundays.
Do you have children? Interviews can be awkward and uncomfortable. Asking a few personal questions and finding common ground (i.e. you both have second graders) can break the ice and make the candidate more comfortable. However despite the good intentions, this too is illegal. It is unlawful to deny someone employment if they have children or if they are planning on having children in the future.
What country are you from? If a candidate has an accent, this may appear to be an innocent, natural question. But it is illegal to ask because it involved their national origin. Employers can’t legally inquire about your nationality- but you can ask if they are authorized to work in a certain country.
World Wide Specialty Programs has always had a singular purpose – to design, develop and provide staffing insurance products for the staffing industry. Working with over 2,000 insurance brokers nationwide, we know the staffing industry better than anyone, and can provide great options for your staffing industry insurance needs. Contact us today for more information about our staffing agency insurance solutions. (877) 256-0468.