Page 15 - OhioAlaCarteSpring11NEW

This is a SEO version of OhioAlaCarteSpring11NEW. Click here to view full version

« Previous Page Table of Contents Next Page »

www.ohiorestaurant.org 13 Spring Issue

Potential legal questions to ask in the alternative: • Are you over the age of 18? • If hired, can you provide proof of age? • What are your long-term career goals?

Disability or genetic information questions.

Questions about a person’s disability, health or workers’ compensation history are unlawful if they touch on a limitation based upon disability. Under the ADA, any inquiry at the pre-employment stage, which might require an applicant to disclose a disability, is illegal. You may, however, inquire about an applicant’s ability to perform certain essential job functions. You should also avoid conducting medical examinations before a bona fide offer is made. A medical examination can be required after an offer has been extended, but the results must be held strictly confidential (except for reasons of safety).

An applicant with a disability, just like any other applicant, must be able to meet the employer’s requirements for the job, such as education, training, employment experience, skills or licenses. In addition, an applicant with a disability must be able to perform the essential job duties either on his or her own or with the help of “reasonable accommodation.”

However, as an employer, you do not have to provide a reasonable accommodation that will cause “undue hardship” to the restaurant, which is defined as a significant difficulty or expense.

Examples of illegal disability and genetic information questions include: • Do you have any disabilities?

• Have you had any recent illness or operations? • What was the date of your last physical exam? • How is your family’s health?

• What was the cause of your mother/father’s death? • Do your siblings have any illnesses? • Do you have any difficulty breathing? • How many days were you sick last year?

• Have you ever filed a workers’ compensation claim? • Have you ever been injured on the job? • What prescription drugs are you taking?

• Have you ever been treated for mental health problems?

Legal questions to ask instead:

• Are you able to perform the essential functions of this job with or without reasonable accommodations? (If interviewer first thoroughly describes the job.)

• Will you be able to accomplish the assignments necessary for this position in a safe manner? (If interviewer has described essential functions of the job.)

If an applicant indicates that a reasonable accommodation may be necessary, it is perfectly lawful to ask the applicant to describe the accommodation desired. Generally, you will want to tell the applicant that you will give the requested accommodation consideration and let the applicant know what you decide later.

Note that the reasonable accommodation process is really a dialogue between you and the applicant as you try to determine whether an accommodation is reasonable and possible.

National origin and citizenship questions.

You should not ask questions about a person’s country of birth, as they may imply discrimination on the basis of national origin in violation of Title VII or similar state laws. Questions about an applicant’s citizenship

status are dangerous because they could be viewed as evidence of citizenship status discrimination, which is prohibited by the Immigration Reform and Control Act.

You may ask if the applicant has a legal right to work in the United States. It is also lawful to tell the applicant that if hired, you will verify identity and employment eligibility in accordance with federal law.

Examples of questions regarding national origin or citizenship include: • Where were you born? • Are you a U.S. citizen? • What is your native language? • Where were your parents born?

Alternative questions include:

• Are you authorized to work in the United States?

• Are you fluent in any other languages? (This question is legal if language ability is directly relevant to job performance.)

Race/color/religion questions.

All questions regarding race, color or the religion of the applicant are dangerous. Some religions prohibit a person from working on a particular day of the week. Therefore, in some jobs where weekend work is required, it is legal to ask if a person is available to work on Saturdays and/or Sundays. If you ask a question about weekend work, you should indicate that a reasonable effort is made to accommodate religious beliefs and practices of employees.

Questions regarding marital or family status.

Questions regarding marital or family status can be inappropriate for many reasons. The purpose of these inquiries is often to explore what some employers believe is a common source of absenteeism and tardiness in the workplace. The questions are often used to discriminate against women because of society’s general presumption that they are the primary caregivers in their family. Also, the questions can be inappropriate because they may allude to sexual orientation.

Some examples of inappropriate

questions regarding marital status or family status include: • Do you have children? Do you plan to get pregnant? • Are you married? • Is this your maiden name? • Do you have a permanent partner? • With whom do you live? • Do you expect to have a family? • What are your child care arrangements?

Possible permissible questions you might ask: • Would you be willing to relocate if necessary? • Do you have any restrictions on your ability to travel? (If travel is required.)

• Do you have responsibilities or commitments that will prevent you from meeting the specified work schedule?

• Do you anticipate any absences from work on a regular basis? If so, please explain the circumstances. • In case of emergency, who should we notify?

• Are you available to work dinner shifts or overtime on occasion? • Have you worked or earned a degree under another name?

Gender-related questions. Although the gender of your interviewee is usually clear by the interview stage, you need to make sure that you do not make assumptions about an individual based on this information.

Page 15 - OhioAlaCarteSpring11NEW

This is a SEO version of OhioAlaCarteSpring11NEW. Click here to view full version

« Previous Page Table of Contents Next Page »