Employers certainly want to avoid asking questions that could result in allegations of discrimination. At the same time, they need to know how to obtain important information during an interview. There’s a balancing act between asking necessary questions and avoiding these discrimination allegations.
Often, it simply comes down to how the question is phrased or what the focus is. Let’s look at a few ways employers can rephrase questions to get the information they need.
Scheduling issues
For example, an employer may be concerned that an employee won’t be able to work the necessary hours due to a religious conflict. However, it is illegal to ask a prospective employee what religion they are part of, as it could lead to religious discrimination.
Instead, an employer can ask if the employee would be able to work on weekends or if there would be any personal conflicts that would prevent it. If that employee is part of a religion that requires them to take weekends off, the employer can find out about the scheduling conflict without ever inquiring about the religion itself.
Work authorization
Likewise, employers need to ensure that their workers have the proper authorization and status in the United States. However, it may be illegal to ask people what country they are from or other questions about their ethnicity, national origin or similar topics.
Instead, the employer may want to ask if the employee has the correct authorization to work without any legal hangups. Regardless of their ethnic background, as long as they have the correct authorization, they can be hired.
These examples help to show how complex this legal situation is and why both employers and employees need to understand their rights.
