When recruiting and interviewing new employees, there are a variety of potential landmines that employers should do their best to avoid. Here are some of the topics about which employers should not inquire during the hiring process – either because they directly reveal a protected status or may indirectly reveal a protected status:
- Marital status
- Maiden name
- Spouse’s name
- Spouse’s work
- Sexual orientation
- Age or date of birth
- Sex (unless a bona fide occupational qualification (BFOQ))
- Height or weight (unless a BFOQ)
- Race or color Color of eyes or color of hair
- National origin or heritage
- Citizenship (but an employer may ask if an individual is legally permitted to work in U.S.)
- Number or age of children
- Public assistance information
- Physical or mental disabilities
- Person to contact in case of emergency
- Dates of education
- Religion or creed (including associations/memberships)
- Union membership or sentiments
Takeaway: During the hiring process it is important not only to ensure that a candidate has the necessary qualifications and experience, but also to avoid asking for information that could arguably lead to a discrimination claim. For more tips on the hiring process, click here.
