By Lipman G. Feld, B.S., J.D.
The questions you ask applicants during job interviews can get you into serious trouble, if they are in violation of the anti-discrimination laws. Here are specific examples of proper versus unacceptable pre-employment questions.
Thousands of businessmen have found to their sorrow that the questions asked of prospective employees during interviews no longer are a private matter between two people. March 25, 1972 was the dividing line, for on that date President Nixon signed into law the "Equal Employment Opportunity Act Of 1972." The law touched off a flurry of lawsuits, and the repercussions continue.
Don't believe that you are immune from prosecution because your business is small and there are few employees. It's true that the federal government is not supposed to handle cases against businesses having fewer than 15 employees.
However, the various state "Fair Employment Commissions" also are active in filing for alleged violations.
Specifically prohibited is discrimination in employment because of race, color, religion, sex, or national origin. Details of the laws are listed elsewhere.
Enforcement of the laws can be condensed into these sentences: If you ask a wrong question of a qualified applicant, and then fail to hire him or her, the applicant might make a claim of discrimination against you. Even if you were to win in court, the triumph would cost you much time and money.
Most cases of complaint seem to involve women who are fighting for economic equality. Running a close second are cases with black or brown males. Others involve Italians, Poles, Jews, Greeks, or others in second -generation or third-generation American ethnic groups. These same trends are found in both federal and state actions.
Avoid, Don't Fight
It's easy to avoid breaking the laws on discrimination, if you follow a few guidelines. Some general and specific suggestions are mentioned here.
First, remember that using the precise word is important, and another can be substituted without taking away your right as an employer. For example, when placing want ads, don't use the word "man," or any other similar word which suggests a preference for a person of just one sex. In other words, don't advertise for an "office girl" or a "service man." Instead, think of terms such as "office assistant" or "technician." The Only Defense One of the few legal defenses against a practice that has discriminatory effects is to plead "business necessity or job -relatedness." The practice must be proved necessary to the safe and efficient operation of the business, and that no alternative of less discrimination is available. This concept has been narrowly defined by the courts.
Of course, for jobs requiring technical knowledge, it certainly is proper to ask about past technical experience or for a demonstration of present technical competence under the necessity of job-relatedness.
Arrest Records
Because members of some minority groups are arrested more often than are whites (in proportion to their percentage of the population), any questions about arrests must be handled with care.
Both the courts and the U.S. Equal Employment Commission have held that a conviction for a felony or a misdemeanor does not by itself lawfully constitute an absolute bar to employment. An employer must give fair consideration to the relationship between a specific conviction and the applicant's fitness for the particular job.
These decisions indicate that conviction records should not be cause for rejection unless their number, nature, and recentness would cause the applicant to be unsuitable for the position. If inquiries about convictions are made, they should be accompanied by a statement that a conviction record will not necessarily be a bar to employment.
Other Discriminations
Employers should not reject applicants who have less-than-honorable discharges from military service.
Discrimination because of age, for persons between the ages of 40 and 65 years, is prohibited; therefore, be careful of questions about age.
Any 'consideration of citizenship that has the purpose or effect of discriminating against persons of a particular national origin is illegal, in most cases.
A study of the examples of acceptable and unacceptable questions (that follow) should clarify other specific cases of discrimination.
U.S. Laws Concerning Discrimination Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, prohibits discrimination because of race, color, religion, sex, or national origin for any term, condition, or privilege of employment. It is enforced by the U.S. Equal Employment Opportunity Commission for businesses having 15 or more employees.
The Equal Pay Act of 1963 requires all employers that are subject to the Fair Labor Standards Act (FLSA administered by Wage and Hour Division of the Department of Labor) to provide equal pay for men and women who perform similar work. (Women are doing electronic servicing.) The Age Discrimination in Employment Act of 1967, also administered by Wage and Hour, prohibits employers from discrimination against persons 40 to 65, in any area of employment because of age.
All of these laws have rules, regulations, and guidelines, which are not always clearly defined, but they are strictly enforced. Many have been defined only as the result of lawsuits.
State and local laws which are designed to eliminate discrimination in employment are known as "Fair Employment Practice Laws" (FEP), and these do apply to any electronic-service business, even those with one or two employees.
(adapted from: Electronic Servicing magazine, Sept. 1977)
Also see: The Basics of Industrial Electronics, Part 3