You have a position to fill and you’ve found some candidates to interview. But a compliance misstep at this stage could cost you a lot more than just the right hire.
Watch: What can or can't I ask in an interview?
Did you know? Many cities and states now have “ban the box” laws that prohibit employers from inquiring about a candidate’s criminal history on the job application or before a certain point in the hiring process. Check the laws in your hiring area.
WHAT TO AVOID
Posting a job ad that (implicitly or explicitly) shows a preference for a candidate ― based on certain protection information such as race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, disability, genetic information, or age, (e.g., asking for “recent college graduates”)
Asking questions that may cause candidates to reveal protected characteristics (e.g., religion, disability) in the interview, or prying into a candidate’s personal life (e.g., marital status, previous alcohol or drug use, home ownership) or about affiliations that aren’t related to the role (e.g., union membership, religious affiliations)
Refusing to hire a candidate with a disability who has made a reasonable request for an accommodation (e.g., to be provided with a specific type of desk and computer, or to adjust their working hours)
Leaving a candidate’s personal information in an unsecure system or lying around the office for others to see
Conducting background checks before making a conditional offer of employment, and seeking improper information from candidates (e.g., prior salary history)
POTENTIAL COSTS OF GETTING IT WRONG
Missing out on the best candidate
Facing fines and penalties related to unauthorized background checks
Opening yourself up to potential discrimination lawsuits
Being responsible for leaking a candidate’s personal information
WHAT GOOD LOOKS LIKE
Hiring the best candidate for the role, regardless of protected characteristics, background, or personal circumstances
Asking candidates questions that let them demonstrate their skills
Ensuring all permitted background checks are made by someone other than the hiring manager, after a conditional offer of employment, so unrelated information cannot impact the hiring decision
Storing applicant data in a secure manner and ensuring only authorized employees have access
Assessing your hiring process to ensure it’s still working for everyone involved and complies with the latest laws
Leveraging templates and other online tools to help you craft best practice job descriptions.
This guide provides general information and should not be construed as legal, HR, financial, insurance, tax or accounting advice. You should consult with your own legal counsel, human resource, accounting or other professional advisor for circumstances pertaining to your business.