Obviously, it’s important to have interview questions that will give you the information you need to assess the applicant’s ability to do the job, and how well they will fit into your company. However, care must also be taken not to ask questions which are discriminatory, and therefore illegal. The wording of a question can open you to discrimination claims, even if the intent is to obtain information that is legal to request. For example, you may not ask an applicant if they are a U.S. citizen, but you may ask if they are authorized to work in the U.S. It’s worth doing research to be sure you are asking appropriate questions! Other subjects to be sure you are clear about are race, color, sex, religion, national origin, birthplace, age, disability, and marital or family status.

In cases where a business serves vulnerable populations (such as the disabled, elderly, or youth), local or state laws and/or licensing requirements may mandate screening of at least some employees. There may also be clauses included in agreements with your insurance carrier, or in contracts for use of local government-owned facilities. In the instance of your insurer, it would most likely be if they are insuring you against claims that would arise out of negligent hiring lawsuits. When using government-owned facilities where vulnerable populations will be served, screening clauses are to be expected as part of the contract.

Reasonable Accommodation for Disabled Employees

All employers with 15 or more employees are required by the ADA to make ‘reasonable accommodation’ for individual with disabilities to have equal employment opportunities. Examples of this would be a deaf person needing someone to read bulletin board notices, an interpreter for a deaf person during the interview, or special scheduling to accommodate a diabetics need for regular food and time to monitor blood sugar. Reasonable accommodations must be provided to disabled employees so that they can apply for, perform the duties of, and enjoy the benefits in their job equal to other employees. Reasonable accommodations do not mean that an employer must suffer undue hardship, such as a significant expense (based on the employers resources and normal business operation). Most such accommodations are actually very low cost, and can then often be offset with tax credits.