Understanding the various laws of an employment interview is essential for any MSP company. Asking improper questions can lead to discrimination lawsuits and cost your company a significant amount of resources. Familiarizing yourself with The Equal Employment Opportunity Act (EEOA) will ensure that your IT company follows the law and avoid making common mistakes.
Here are just a few examples of the most common questions that you should avoid during the interview process:
National Origin Questions
Always hold back the urge to ask a potential job client on where they are from, as this violates the law and can result in a discrimination lawsuit. Instead, you can ask them if they are eligible to work in the United States and if they can provide you with the proper documentation. It is also important to avoid asking a potential job candidate if English is their first language. However, you can ask what other languages they can write, read, or speak if it is related to the job position.
Marriage Questions
An MSP company is also not allowed to ask any questions related to marriage or ask for a woman’s maiden name. However, you can ask if they have ever worked under another name, as it can help you determine their reputation. It is also a good idea to ask the same questions to each job candidate and always remain consistent.
Age-Related Questions
Asking any age-related questions is never appropriate, as it is illegal due to the Age Discrimination in Employment Act of 1967, as this law protects anyone that is 40 or older. You are also not allowed to ask the year of graduation from high school or when did they begin working. However, you can ask if a candidate is over 18 years of age, if you have a minimum age requirement.
Family Planning Questions
It is also a good idea to avoid any questions related to family planning. Asking questions such as “Do you plan on having a family?” or “Do you have children?” are illegal questions to ask any potential employee. These questions are not allowed for employees to use to make any hiring decisions, and it is best to avoid them at all costs.
Health-Related Questions
You can never ask any health-related questions, such as asking a potential employee if they have a disability or have ever filed for workers compensation. You can also not ask about any past illnesses or health procedures. However, an IT company can ask if an employee can perform the job duties with or without reasonable accommodations.
Understanding the questions to ask in an interview is critical for any MSP company. Always asking the right questions will help your business to avoid costly lawsuits and help you hire the best person for the job. Continually reviewing these common illegal questions is a great way to avoid making any mistakes and is well worth the extra time.
