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Finding good employees is always a challenge. Whether
you’re a start up or
Fortune 500, assessing
applicants involves
evaluating and
subjective impressions.
Of course, you want to
know as much about an
applicant as possible,
but there are limits to
what you can ask.
Here’s a list of the
10 Questions, compiled
by Day, Berry &
Howard LLP, you should not
be asking:
- How
old are you? –
Federal and state
laws prohibit hiring
decisions from being
made on the basis of
age.
- Have
you ever been
arrested? – Arrest
records may not be
inquired into,
convictions can be.
- Did
you enter college or
high school? –
Questions about a
person’s education
or experience that
tend to elicit an
applicant’s age
should not be asked.
- Have
you ever filed for
workers’
compensation? –
Employers cannot ask
about an
applicant’s
history of filing
workers’
compensation claims.
- How
many days were you
sick last year? –
Employers may not
make disability
related inquiries,
or pose any
questions likely to
elicit information
about a disability.
- What
is the origin of you
name? – Questions
relating to a
person’s national
origin or ancestry
are prohibited.
- What
holidays do you
observe? –
Employers may not
ask any questions
relating to an
applicant’s
religion.
- Do
you intend to have
children? –
Employers may not
ask questions
relating to the sex
of an applicant or
questions
stereotypically
directed at one sex
only.
- Do
you have a
significant other?
– Employers in
Connecticut, for
example, may not
discriminate on the
basis of sexual
orientation.
Therefore,
questions, which
might elicit such
information, are
prohibited.
- That’s
a nice ring on your
finger; are you
married? –
Questions relating
to a person’s
marital status are
prohibited.
For more information, contact Kenneth Gage at 203-977-7384 or
kwgage@dbh.com
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