Very Costly Inquiries in the Interview Process!

Discrimination, Discrimination and more Discrimination!

Do you have a disability? Have you filed any Worker’s Compensation Claims? What prescription drugs are you currently taking? How many days have you called out during the last six months due to sickness? Have you ever been treated for mental health problems? Have you ever been treated for alcohol or drug addiction? How much do you drink each week?

No, No, No and NO! We can’t be asking these questions! People in our organizations conducting interviews need to have the proper training to avoid asking discriminatory questions and to manage the recruitment process in compliance with all employment laws.

If you would like to learn more about the laws surrounding the interviewing process as well as laws that that do or could impact you as an HR Professional while earn continuing education credits towards your SHRM or HRCI certification please join me at one of my upcoming Certificate Program Trainings on topics such as FMLA, ADA, Pregnancy Descrimination, Employment Laws, Interviewing Skills, OSHA and Sexual Harassment Prevention.

If you would like to learn more about our SHRM-CP®, SHRM-SCP®, aPHR™, PHR®, SPHR® Exam Prep Courses and Boot Camps please check out our upcoming Exam Prep Trainings and check out our Student Testimonials and Success Stories.

A Satellite TV provider has agreed to pay $1,250,000 to compensate the original complainant and other aggrieved applicants who claimed they were denied an opportunity for employment with the company due to an alleged discriminatory online application process.

A staffing firm, will pay $25,000 and furnish other relief to conciliate a disability discrimination charge by the EEOC. The investigation revealed that job applicants were subjected to pre-offer medical inquiries and that the staffing firm refused to hire a class of job applicants because of the information unlawfully obtained during those inquiries.

A technology-based business services company, violated federal anti-discrimination law when it refused to interview and hire an applicant because of his disability. According to the EEOC’s complaint, the applicant, who is deaf, applied for a Corporate Development Associate position at the company through a recruiting firm.  The applicant was fully qualified for the position and was one of several candidates the company expressed an interest in interviewing.  After the recruiting firm notified the company that the applicant was hearing impaired and would require an American Sign Language interpreter for his interview, the company decided not to interview or consider him further for the position.

EEOC’s investigations reveal that many job applicants are subjected to pre-offer medical inquiries and that many organizations refuse to hire a class of job applicants because of information unlawfully obtained during those inquiries. But the largest percentage of discrimination charges filed with the EEOC are for failure to provide reasonable accommodations.

Employers must ensure that all individuals with disabilities are given an opportunity to request an accommodation, even during the online application process. Qualified individuals with disabilities deserve a fair and equal opportunity to be considered for employment.

Removing barriers in the hiring process that discriminate against protected classes, including individuals with disabilities should not be just the EEOC’s priority but everyone’s, especially HR professionals!

Elga Lejarza-Penn, aPHR, PHR, SPHR, SHRM-CP, SHRM-SCP

If you would like to learn more about the laws surrounding the interviewing process as well as laws that that do or could impact you as an HR Professional while earn continuing education credits towards your SHRM or HRCI certification please join me at one of my upcoming Certificate Program Trainings on topics such as FMLA, ADA, Pregnancy Descrimination, Employment Laws, Interviewing Skills, OSHA and Sexual Harassment Prevention.

If you would like to learn more about our SHRM-CP®, SHRM-SCP®, aPHR™, PHR®, SPHR® Exam Prep Courses and Boot Camps please check out our upcoming Exam Prep Trainings and check out our Student Testimonials and Success Stories.