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Navigating Interviews: How to Handle Disabilities
During the Interview Process
Interviews are tricky for employers these days. What questions do you ask? What information do you consider when hiring? Are you required to accommodate a candidate with a disability? Read more.
Stay Up to Date on the Latest Employment Legal Updates
You are interviewing for an all-night cashier/manager at your convenience store. You are very excited to interview your next candidate. Her qualifications are a perfect fit for the job. She has managed other convenience stores and has no problem working the graveyard shift. When this candidate comes in, you are quickly disappointed. You are not quite sure, but it appears she may be a few months pregnant. You are worried about her safety and the safety of her baby, if she is pregnant. You want to make sure she’s able to do the job. In addition, it has been really hard to find someone to fill this positon. Having her leave for a few weeks, after being newly hired would be a hardship on your business.
How should you handle this issue?
You have the right to ask, especially if she’s going to take time off immediately after you hire her.
You cannot ask a woman if she’s pregnant. This is discrimination.
OSHA requires you to keep your employee’s safe. This job can be dangerous. You cannot put her safety at risk, or the safety of her unborn child.
While asking the question is not illegal, exposure to a claim of discrimination may be established by the known information.
One of the most important tasks a manager faces is that of interviewing. An interview can go well when the proper questions are asked. It can also create a negative atmosphere when discriminatory questions are asked of the interviewee. Not always is a manager properly trained in what may be deemed a discriminatory question during an interview.
Discriminatory remarks are those based on race, color, religion, sex, national origin, age, disability, genetic information, or any other class protected under federal and state law. Discriminatory questions may result in future claims for the employer. Managers should know the Do’s & Don’ts of Interviewing. Read More.
This information is provided by ePlace Solutions, Inc. which is solely responsible for its content. ePlace Solutions, Inc. is not engaged in rendering legal or other professional services. Federal and state laws are more complex than presented here. This information is simplified for the sake of brevity and is not a substitute for legal advice. ePlace Solutions, Inc. disclaims any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information.