What Employers Need to Know About Interviews and Screening
Hiring a new employee can become routine for a company, but employers need to be conscious of how they approach the screening and interviewing process. The risk of a potential lawsuit can start even before the candidate is hired. By being thoughtful about their job postings and interview questions, however, employers can reduce that risk and avoid potential headaches down the road.
A job posting needs to be free from anything that could show bias. For example, the posting cannot make it appear that one gender is favored for a position. The posting also cannot comment on an applicant’s disability status. What the posting should do instead is describe is the position’s essential functions, including physical requirements such as the ability to use a ladder or operate a vehicle. In addition, Minnesota law requires that the posting list the starting salary range and benefits.
The interview should also be free from questions that suggest bias. Candidates may voluntarily discuss this information, but direct questions are best avoided.
The Minnesota Human Rights Act bars employers from asking a job candidate whether the candidate is part of a certain class. This not only means avoiding questions about race or national origin, but also avoiding questions about the candidate’s marital status, whether they have children or plan on having children, their medical history, or whether they have ever received unemployment benefits or other assistance.
An employer needs to get to know the potential candidate and find out if they are good fit for the company’s culture, but the interviewer needs to pay attention to the questions they ask. One way to do that is to prepare standard questions for all candidates that can be reviewed beforehand.
A thoughtful review of job postings and interview questions will help companies avoid unintentional bias in hiring and limit their legal risk at the same time. The attorneys at SJJ Law can help with that review and answer questions you may have.
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