For any business, vetting and hiring qualified candidates is a must. While many business owners hardly think about the implications that their interview questions have on their liability risk, the truth is that your business likely faces additional exposures without your knowledge. The ADA works to ensure compliance across the board, from interview practices to hiring and employment procedures. Therefore, protect your business with a customized New York Employment Practices Insurance policy and heed the following advice.
Err on the side of caution.
It’s never your intention to discriminate against a candidate because of any physical limitations. Therefore, refer to the ADA regulations regarding interview questions in order to avoid asking violating questions, even if you do so unknowingly.
Real life examples.
Here are examples of situations that could violate the ADA, according to FindLaw for Legal Professionals.
- Telling an applicant that the job requires heavy lifting on a daily basis is lawful. However, asking the candidate if they have any disability that would prevent them from being able to lift heavy boxes is considered discriminatory, and therefore, unlawful.
- Never ask directly invasive questions such as “Do you have epilepsy?”
- If an applicant divulges that they have some type of disability, do not ask if they are expected to recover.
- You are permitted to ask if the candidate has ever used illegal drugs and if they drink alcohol. However, you are not permitted to ask whether or not they have been treated for any addictions and how much alcohol they consume on a regular basis.
This information might seem overwhelming, and it can be. Therefore, it’s important to speak to a well-versed lawyer who specializes in ADA compliance to reduce your risk of claims. Refer to the above-mentioned compliance guide as a template for structuring your interview questions.
About The Rubin Group
Based in New York, The Rubin Group provides insurance in most of the 50 states. Our full-service insurance brokerage provides insurance and risk management services to individuals in all income brackets and businesses of all sizes and types. We understand that every client has unique coverage requirements, and we are passionate about providing the ideal individualized coverage for each customer. Each member of our team takes the time to truly understand your situation, the particular risks you anticipate – and the very real risks you’ve not yet contemplated. For all of your insurance needs, contact us at The Rubin Group!