Great Ideas for your Small Business:
Know What Not to Ask Job Applicants
When 100 small business owners were asked if they had ever asked a job applicant any of the following questions during an interview, all of them said “yes.”
- Have you ever filed a workers’ compensation claim?
- Do you have any physical problems or injuries?
- How many days were you sick last year?
- Are you currently taking any medication?
- Have you ever been treated for drug abuse?
the problem is, under the americans with disabilities
Act, it’s illegal to ask applicants these questions, according to Morlee Rothchild, head of the labor and employment practices section at the law firm of Kahn, Kleinman, Yanowitz and Arnson in Cleveland, Ohio.
“Small companies are especially at risk when it comes to complying with the ADA and other employment-related laws,” said Rothchild. They are often too busy to keep up with current regulations, which makes them vulnerable to lawsuits and complaints. And remember, ignorance of the law is no defense if a prospective employee decides to sue you.
“When interviewing to fill a particular position, you must ask questions relevant to the prospective employee’s ability to perform the essential functions of the job,” Rothchild said