Find bona fide occupational requirement

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How best can an employer avoid legal challenges arising against its use of screening practices? Screening practices and interviews can have discriminatory issues associated with it. Structured interviews help with this. In the opening of an interview there might be chit chat about personal background such as marital status, child-care arrangements, birthplace or birth date, or ethic origin. Although it may seem innocent enough these topics should be prohibited. Is the information job related? If not don't ask. If the applicant is not hired and you ask these personal questions, it could come back on you as discrimination. You will have to prove that it was based on lack of job skills not personal background questions. Using standardized interview questions can help to alleviate discriminatory suits. This could fall under Human Rights legislation unless it can be established as a bona fide occupational requirement. If there is information that you may require say birth date and child care arrangements you could discuss after you have hired as to avoid having to prove that these characteristics had anything to do with a hiring decision.

Reference no: EM133041933

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