Archive for category: EPLI

As anyone who has interviewed for a new job can tell us, the interview process is stressful. This stress is felt on both sides of the table; interviewers and job candidates alike must put their best faces forward in order to stand out. For interviewers, the process is complicated by employment laws; certain questions can result in an expensive legal claim of discrimination or harassment. While employment practices liability insurance (EPLI) helps to protect against these claims, knowing what questions not to ask can help companies manage their risks during the recruitment process.

Employment Practices Law

The agency tasked with enforcing federal employment laws is the U.S. Equal Employment Opportunity Commission (EEOC). This agency was created as a part of the Civil Rights Act of 1964 with the mission of stopping workplace discrimination. The EEOC investigates discrimination complaints based on an individual’s race, national origin, sex, gender identity, age, or disability. Laws enforced by the agency cover all aspects of the workplace environment, from recruitment to training, wages, promotions, and benefits. In addition to federal oversight, states have their own equal employment commissions tasked with enforcing state-level workplace discrimination laws. Failure to comply with federal and state laws may result in legal claims; judgements, settlements, and defense expenses arising from these lawsuits may cost an employer hundreds of thousands or even millions of dollars. EPLI is designed to provide employers with risk protections against discrimination claims in the workplace.

The Interview: Potential Pitfalls for Recruiters

Interviewers face significant challenges when preparing to interview job candidates. Interviewers want to learn as much as they can about potential candidates but must also be careful to avoid asking any question that may lead to a discrimination claim. This includes questions related to:

• A candidate’s age
• A candidate’s sexual orientation
• A candidate’s ethnic origin or race
• A candidate’s religious preferences
• A candidate’s gender identity

These are not the only topics interviewers must avoid. For example, asking a candidate if they have been arrested or convicted of a crime should be avoided if the answer is not directly related to the job being interviewed for or where such questions are illegal on the state level. For certain jobs, this information is critical in identifying individuals who can pass a criminal background check for security clearances or authorization to work with financial assets. In these cases, questions about arrests or convictions should be avoided until later in the recruitment process, and interviewers must be careful to phrase questions in a way that does not unfairly discriminate against racial groups.

Another example relates to a candidate’s residence. Interviewers may ask how long a candidate has lived at a given address and the address and timeframe of previous residences. Interviewers may not ask if the candidate owns or rents, who they live with, or how they are related to the individuals they reside with.

Avoiding Leading Questions

Historically, practitioners of certain religions and women have been discriminated against in the workplace at nearly the same levels as people of color. To counter discrimination claims based on religion or gender, interviewers are advised to avoid leading questions that may be perceived as discriminatory. For example, asking candidates about their availability for weekend shifts may be perceived as a way of identifying religious observances or preferences. Asking candidates about their availability for after-hours shifts or if childcare arrangements will impact availability may also be perceived as discriminatory against women with children. Interviewers must strive to ask the same questions of all candidates, avoiding the potential of lawsuits and claims against EPLI policies.

Employment practices liability insurance is a valuable risk management tool for employers, helping them to gain coverage against workplace-related harassment, discrimination, and civil rights violation claims brought by workers. With this insurance in place, and with interviewers having a clear understanding of their rights and responsibilities under equal employment laws, the interview process can be handled efficiently and legally.

About Coastal Oak Insurance Services

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