GUIDELINES FOR PREVENTING DISCRIMINATION IN HIRING When interviewing job applicants, the employer should only ask questions which reasonably relate to the job in question. The burden of proof is on the employer to demonstrate that questions are not used to discriminate. Asking an applicant to supply information that is not job-related or that might reveal an applicant’s protected status could lead to charges of discrimination. Inquiries that may improperly request protected status information include those about age, date of birth, marital status (including identity or situation of spouse), sexual orientation, sex, race, creed, color, religion, national origin, and disabilities. The employer may ask questions that help assess the applicant’s ability to do the job, and which are asked of all applicants for the job. Inquiries that elicit information about the applicant‘s education, experience, abilities, licenses and certifications that are job related generally are permissible, as are inquiries about willingness to travel, salary expectations, references, and the applicant’s interest in the job. It generally is permissible to talk about job duties and responsibilities, the business itself, career growth potential, and opportunities for advancement, so long as these topics are relevant to the job and are presented consistently to applicants, regardless of their individual status within a protected class. An employer may not use prohibited information obtained from any source for the purpose of making a hiring or job decision. Employers should examine job requirements to ensure that they are not based on assumptions or stereotypes that are unrelated to job performance. Employers with questions in this area may contact the Minnesota Department of Human Rights at the address and telephone number provided in the Resource Directory section of this Guide. AMERICANS WITH DISABILITIES ACT (ADA) The ADA is a complex piece of federal legislation that prohibits discrimination against people with disabilities in everyday activities, such as buying an item at a store, going to the movies, enjoying a meal at a restaurant, exercising at the health club, or having the car serviced at a garage. To meet the goals of the ADA, the law established requirements for businesses of all sizes. These requirements initially went into effect in 1992 and have been evolving since. Businesses that serve the public must modify policies and practices that discriminate against people with disabilities; comply with accessible design standards when constructing or altering facilities; remove barriers in existing facilities where achievable; and provide auxiliary aids and services when needed to ensure effective communication with people who have hearing, vision, or speech impairments. All businesses, even those that do not serve the public, must comply with accessible design standards when constructing or altering facilities. Title I of the ADA requires employers of 15 or more employees, to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant’s disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship.
178
Made with FlippingBook - Online Brochure Maker