TBO.com - TBO is Tampa Bay Online

Highlands Today

Simple Questions Can Give County Big Trouble

ADVERTISEMENT

By Jim  Konkoly | Highlands Today

Published: February 10, 2008

SEBRING – Do you own a car?

That's one of the questions which could land you in big trouble with the federal government if you're an employer and you pose that question to an applicant during a job interview.

Here are some other non-offensive sounding questions which also could lead to a federal lawsuit accusing you of violating United States anti-discrimination laws:

* If you were in the military, what type of discharge did you receive?

* What is your weight?

* What is the name and address of a relative to be notified in case of an emergency?

* How many children do you have?

* What is your maiden name?

According to the Highlands County Department of Human Resources, those are just some of the questions that, if asked during a job interview, could lead a federal judge to conclude that an applicant was not hired due to illegal employment discrimination.

On Tuesday, the human resources department will give a complete list of the acceptable and unacceptable job interview questions to Highlands County commissioners.

For example, if the interviewer cannot tell whether a job applicant is a male or a female, it would be improper under federal guidelines to inquire, indirectly, into which gender the person is by asking if he/she would prefer to be addressed as "Mr., Mrs., Miss or Ms."

No question regarding the gender of the job applicant can be asked without risking a charge of discrimination.

Commissioners Must Be "EEOC-Compliant"

Commissioners need to know this because, for the first time, they will be conducting job interviews, for two "division director" positions.

A memo to commissioners from human resources, which will be formally presented at Tuesday's county commission meeting, does more than just list the questions that are OK and those that are Not OK. It also lists the types of information that can be sought and personal information which cannot be sought, as well as the way certain questions can be phrased.

The five commissioners haven't been in the business of interviewing job candidates, but they will be soon. The county's first two division directors were hired by county Administrator Carl Cool and a citizens review panel. They interviewed the candidates and then selected the winner, who was presented to commissioners for final approval.

Commissioner Don Bates said that gave commissioners little or no involvement, since they could only veto the choice, and they'd have to do that after salary had been negotiated and the winning candidate had given notice to his or her employer.

All five commissioners voted to put the decision of who to hire as a division director directly into their hands. Cool and the citizens panel will only recommend the top three candidates. The commissioners will then interview those three and pick a winner.

To make sure commissioners don't run afoul of the federal Equal Employment Opportunity Commission, the county human resources department is giving them a list of the DOs and DON'Ts of interviewing candidates.

Don't Even Ask

Commissioners are being told not to ask:

* How many children do you have? Do you have any children of pre-school age?

* Have your wages ever been garnished?

* Have you ever declared bankruptcy?

* What was your previous address?

* Where were you born?

Questions about whether an applicant has children or owns a car are not allowed, but the applicant can be asked which days he/she would be able to work, and if there are any days or times when they could not work.

How the applicant would get to work or deal with baby-sitting for his or her children is not the business of a prospective employer. Inquiries into either area could be seen as discriminatory.

"Although federal EEOC laws do not prohibit specifically any pre-employment questions, the EEOC does look with 'extreme disfavor' on questions about age, color, disability, national origin, race, religion, gender or veteran status," the human resources memo advises commissioners.

As one example, the memo points out that a job advertisement cannot seek a "recent graduate," because that would tend to rule out people beyond their early to mid 20s.

Asking an applicant where he or she was born, or where his or her parents were born, is not allowed. That could imply what the job applicant's national origin is. The only proper question in this area is: Are you eligible to work in the United States.

Commissioners also cannot ask if an applicant for division director has ever been arrested on a felony charge. Arrest records cannot be inquired about. Conviction records can be, but only if a conviction is related to the job the applicant is seeking.

And, the commissioners are being advised, questions about a person's sexual preference(s) are strictly forbidden.

"Under certain state and municipal laws," the memo warns, "no job-related considerations justify questions regarding an applicant's sexual preferences."

Share this:

Loading Comments...

Email Print

ADVERTISEMENT