We all know it's unlawful to discriminate based on race, gender or age. But, did you know that it could also pose problems if you ask about one's family life or their health habits? I recently heard a presentation on employment practices, and one of the examples was about an interviewer making the mistake of asking if a potential employee smoked. He implied that it would affect their group health insurance rate and that smoking was not tolerated on the office grounds.
The company was sued, and it turned out to be a violation of private and personal rights. Another example was given about a pregnant lady. A simple seemingly harmless conversation about the woman's due date and the intentions of coming back to work after she had the baby led to an alleged discrimination lawsuit when she did not get the position she was interviewing for, even though this was not the reason she was not hired.
How can you protect yourself? With interviewing potential employees, use the same list of scripted interview questions for all applicants. If you ask a question to one applicant, it should be asked to all applicants, and do not deviate from the list. Also, remember to keep your employee practices liability insurance up to date. Even if you didn't do anything wrong and are found innocent, the costs to defend you can be financially devastating. If you have questions about your employee practices coverage or would like to receive a proposal, simply call me at 1-877-222-UROK to discuss your risk management and protection options.
Thanks for reading...
SRS Insurance Group