The hiring process can hold a number of hurdles on both sides. Questions that were once commonplace in the interview process may no longer be proper and they may even be illegal. A survey report from ResumeBuilder.com looked at how often hiring managers knowingly posed unlawful questions during the hiring process. The survey included responses from 1,000 hiring managers in the U.S.
Not Taking the High Road
Despite knowing that a question was illegal, 32% of hiring managers admitted to knowingly asking inappropriate questions. Thirteen percent “frequently” or “often” pose these questions and 8% “sometimes” do. Eleven percent “rarely” do, according to the survey report.
Because a job interview represents an important stage for a job candidate, they may be more willing to answer a question, which can provide the interviewer with an unfair advantage. “Many job seekers believe that not answering a question might take them out of the running for a position,” said Julia Toothacre, Resume and Career Strategist, Resume Builder. “Many people also don’t know what is illegal to ask, so they answer questions openly, not thinking about the consequences.”
Illegal Questions
- Citizenship status
- Native language
- Race
- Ethnicity
- Sexual Orientation
- Religion
- Family
- Marital status
- Parental status
- Family history
- Pregnancy
- Health
- Disability
- Prior salary
- Political views
Seeking Protection
Because things are not always on the up and up, more job candidates and employees are looking for ways to protect themselves. This includes using a phone to record conversations and interactions. In recent months, there have been plenty examples of employees recording their termination on social media. While these leaked recordings can be damaging to an organization, legal analysts do not recommend implementing policies that prohibit employees from recording workplace conversations.
This is because the U.S. National Labor Relations Board has held that in certain circumstances, an employee recording in the workplace can be legally protected activity under Section 7 of the National Labor Relations Act. Employers must be aware of the activities protected by Section 7 and understand the rights of employees, whether unionized or not, to protect themselves.
Information about customers, vendors, suppliers, and/or corporate trade secrets is not protected under Section 7. States also have laws about the recording of conversations such as being a one- or a two-party-consent state. A Lexology blog provides further information about how to avoid an unfortunate PR scenario.
Instead, Keep it By the Book
- Document often.
- Terminate privately and in-person.
- Keep communication brief and nonargumentative.
- Protect confidentiality.
- Seek legal advice to assess termination risk.
Staffing Kansas City, as your “employment services partner” with their job screening process and their replacement guarantee can help employers avoid running afoul of the National Labor Relations Board and make each and every hiring experience simple and successful.
