Small Biz Tip: Pre-Screening Employees: Legal Interview Questions

Posted by Cheryl Sowa on Monday, June 22, 2009

Tips from June 22, 2009

The Small Business tips today will be about legal questions you can ask when hiring an employee.
  1. Questions regarding citizenship are tricky to ask during an interview. You cannot ask if your potential employee is a U.S. citizen, but you may ask if they are authorized to work in the United States.
  2. Asking about age could lead to cases for discrimination down the road.  Instead, ask if they are over the age of 18 to be sure your potential employee can legally work for you.
  3. Although it would be good to know if a potential employee has been arrested, you cannot ask that question in an interview.  Instead, ask if they have been convicted of a specific crime (fraud, theft, etc).  The specific crime should be related to the performance of the job in question.
  4. Asking potential employers if they “have any disabilities” is illegal and will be discussed further in later tips. If the interviewer thoroughly described the job tasks, it is legal to ask, “Are you able to perform the essential functions of this position?”


Daily Overview: Always be careful the way that you phrase interview questions and consider the repercussions that could result. For more information, please visit the The Department of the Interior


I am not an attorney. I have attempted to condense complicated and detailed legal issues into 140 characters per line. My interpretation may not be exact. Please contact an attorney for professional legal advice.

For more information, please visit the American Bar Association.


Here at ABC we post these small business tips to our employee's Twitter account each day, Monday through Friday. This is a reposting of those tips.

If you enjoyed this post, please consider leaving a comment or subscribing to our free newsletter to receive future articles and information delivered directly to your email inbox.

Cheryl Sowa

Cheryl Sowa is a Public Relations Coordinator for America’s Best Companies. She also writes daily for the Small Business Center. Cheryl graduated from the University of Illinois at Urbana-Champaign and obtained Bachelor degrees in English and Communications. Contact Cheryl

Tags: legal, citizenship, age, felonies, disabilites, american bar association

Print this Article Print Email this Article Email Print this Article Comments
 
RSS RSS Feed Stumble Stumble del.icio.us del.icio.us Reddit Reddit Digg Digg Tip'd Yahoo! Buzz

Related Articles

Reader Comments


There are currently no comments.

Join Free Today

Email:    Password: | Register | Help