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14 www.ohiorestaurant.org Spring Issue

You should not ask the following questions:

• How do you feel about having a man/woman as your supervisor? • How do you feel about supervising men/women? • What do you think of dating in the workplace?

Other Questions to Avoid

It is unlawful to discriminate against someone because of their membership in the armed forces, National Guard, a state defense force, or another state or Federal Reserve unit. Questions relating to experience or training received in the military may be asked to determine eligibility for any veteran’s preference required by law.

Several states prohibit questions about arrests or convictions unless they directly relate to the position the applicant seeks. Questions about arrests are particularly dangerous since our legal system presumes that one is innocent until proven guilty. On questions about convictions, it is generally wise to tell the applicant that, “A conviction will not necessarily disqualify you from employment.”

It is also wise to avoid questions regarding a person’s political affiliation or other group affiliation unless it relates to the position. Questions about social affiliation or what church the applicant attends can imply discrimination that violates state or federal law.

Therefore, these sorts of questions are best left unasked.

Think Before You Ask

As a practical matter, it is generally safe to limit your questions to those that actually relate to the job duties to be performed. While it is important to establish rapport with the applicant as part of the interviewing process, it is equally important that you not delve into personal, sensitive or even illegal areas of inquiry.

If in doubt about whether you should ask a question of an applicant, ask yourself this question first: “Would my spouse/parent/child be offended if asked this question?” The answer will usually steer you out of trouble and potential litigation.

This article was reprinted with permission from the March 2011 edition of Restaurant Startup & Growth. The article, which was written by two attorneys – Alisa Pittman Cleek and Jaime Duguay, appeared under the heading “In-House Counsel.” The Ohio Restaurant Association thanks Restaurant Startup & Growth for granting the association permission to reprint the article in its entirety.

Through the ORA’s commitment to help you save time and money while safeguarding your business, the association wants to let you know about the updated version of the ORA Foodservice Industry Employment Applications. ORA Member Buckley King conducted a thorough review of the application to ensure its compliance with all known federal and state laws regarding employment applications.

Benefts:

• Great Value: The average retail price for a similar product is between $45.95 and $100! ORAmembers receive a pack of 50 applications for only $21.95, plus tax and shipping. Non-members can purchase for $41.95. • Find the best candidates for your foodservice business. The application, which is foodservice-specifc, will help you pre-qualify drop-in candidates you may not meet in person. In addition to standard application questions regarding personal information, education experience and references, the application probes further with sections reviewing desired employment; basic mathematics problems; a restaurant aptitude test and thought questions. There’s also a manager interview rating section. • Peace of mind through minimized risk. Just one of the new features includes a disclosure and authorization form pertaining to consumer reports and related background information. The Fair Credit Reporting Act

(15 U.S.C. Sec. 1681b(b)(2)(A)(i)) requires that if an employer is going to obtain a consumer report about the applicant from a consumer reporting agency, the employer should disclose that to the applicant and obtain authorization from the applicant. The disclosure is to be on a separate document. A consumer report is any written, oral or other communication of any information by a consumer reporting agency bearing on the individual’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living which is used or expected to be used in determining the individual’s eligibility for employment.

How to order:

Go to the ORA’s website - www.ohiorestaurant. org – and select “Resources.” Then, select the “ORA Store” tab; once here, select “ORA Store, ORA Members.” You will then be prompted to provide your member log-in information. After you’ve entered this information, you’ll be redirected to a new screen where you’ll select “Business Tools, Employment Application.” Follow the necessary steps presented to fnalize your purchase. You can also call ORA Member Services at (614) 246-0119 or (866) 559-6131 to purchase the employment applications packet.