Texas Legal and Executive Solutions

Navigating Recruiting Laws Part II

The best way to avoid trouble during the recruitment and interview process is to ask only what you need to know. If it is not part of the job, do not ask for the information. Employers must avoid these questions. Asking about gender, age, date of birth, religion, national origin, citizenship, medical history, and health status is not appropriate. The only questions which should be asked are those related to the ability of the candidate to perform the job.

A tricky area is often determining whether a person is eligible to work in the United States. An employer must ask directly that. Asking where a candidate was born can be seen as an attempt to obtain discriminatory information. Additional issues can arise from asking for date of birth and age for purposes of background checks. This is information should be kept separate from the application.

It is best to avoid questions pertaining to medical conditions during the interview process. However, drug and alcohol tests can be conducted to evaluate candidates.

Questions regarding future plans are dangerous as they could lead into discussion on starting a family, which has the potential for gender discrimination. Be careful in discussing graduating from high school as the response could include information that could be used for age discrimination. Most states also have laws that protect an individual’s sexual orientation.

There are many states that restrict the use of arrest and conviction records in hiring as well. Overall, it is important to use caution when interviewing. Only stick to information which will pertain to the candidate’s ability to perform the job.

For more information on recruiting, contact a professional Texas legal recruiter today by calling Sapire Search Group at 1-866-413-2868.