How To Avoid Being Sued Interviewing Prospective Employees

When interviewing prospective employees, you want to make sure that your interviewing process and technique is within the bounds of the law, which means that you should avoid doing anything that could ultimately lead your interviewed prospective employee to sue you. If you want to learn how to avoid being sued when interviewing prospective employees, then just follow these simple hints and tips so you can do just that.

  1. Never be assuming. Assuming a particular thing from your prospective employee can lead to a lot of problems, especially if your assumption is based on the fact that your interviewee belongs to a certain protected class or race. It is not right that you assume that certain classes or races are good at doing something as compared to others, and vice versa. It would be better if you base your assumptions on your observations about the person, and not based on your perception about certain classes and races.
  2. Avoid discriminatory remarks. To some people, statements such as “You look too old to be able to pull this job off” may appear harmless, but can be viewed by some as very discriminatory. Make sure that you ask your questions and direct your observations in a manner that is not offensive and discriminatory in its effect and use. Be sensitive to your prospective employee. Bear in mind that although he is applying for a job that you are offering, it does not mean that you can be abusive and offensive to him.
  3. Prepare for the interview. One way that you can ensure that you avoid being sued when interviewing prospective employees is by preparing for the interview that you are about to do. There are certain interview skills training seminars and workshops that you can join in order to be able to ensure that you comply with anti-discrimination laws. By joining these interview skills training seminars and workshops, you will also learn to become more sensitive to your interviewee’s situation and background.
  4. Know the law. Before the actual interview, it is best if you or whoever is doing the interview, brush up on federal and state employment laws that could help in the entire interviewing process. Read and understand the laws concerning discrimination based on sex, religion, color, race or national origin, especially for employers who have employees of 15 people or more. Also, brush up on age discrimination laws, which prohibits discrimination against people with ages 40 above in companies that have 20 or more employees, as well as discrimination laws that refer to people with disabilities, and wage discrimination laws based on the person’s gender.

Interviewing prospective employees does not necessarily need to be that difficult, however, you do need to make sure that you stay within certain guidelines and rules in order to ensure that you do not violate any law, and end up getting sued by them. By following these simple hints and tips, you should be able to avoid getting sued when interviewing prospective employees.


Share this article!

Follow us!

Find more helpful articles: