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Practical Law Connect for Hiring Our job is to make you better at yours confidence. Designed for in-house counsel, Thomson Reuters® Practical Law Connect providesexpert-written and maintained how-to guides, templates, checklist, comparison charts, andmore, plus relevant Westlaw® content, organized by common in-house matters. Practical Law Sectors coverage: following practice areas: •Construction•Financial Services•Food & Beverage•Health Care•Media & Entertainment•Oil & Gas •Bankruptcy•Capital Markets and Corporate Governance•Commercial Transactions•Corporate and M&A•Data Privacy and Cybersecurity•Employee Benefits and ExecutiveCompensation•Government Practice: Federal•Government Practice: State and Local•Health Care Key resources of attorney editors and are constantly updated to reflect the latest law andmarket practice. “…when I engage outside counsel is almostthe most valuable time for me withPractical Law, because, at a thousanddollars an hour, I don't want to have to get atutorial on things I can read about myself. Ineed their experience and judgment to help Contents Checklist:Avoiding Discriminatory Questions in Interviews...............................................................................13Other resources available on hiring.................................................................................................................16 Recruiting and Interviewing: Minimizing Legal Risk Practical Law Labor & Employment lead to related resources on Practical Law and to authoritative sources. Contents recruiting and interviewing and steps to minimize that risk.This Note addresses pre-employment considerations for privatesector employers under federal law. For information on state lawpre-employment issues, see Anti-Discrimination Laws:State Q&A ToolandHiring Requirements: State Q&A Tool. Relationships- Practical Tips laws is present even before an employment relationshipexists. The pre-employment process, including recruiting andinterviewing, exposes employers to potentially significantlegal liability. This Note provides an overview of the legal risksassociated with recruiting and interviewing under federal law - Protected Classes Under Federal Law- Disparate Treatment and Disparate Impact•Exceptions to Prohibition Against Employment Discrimination- Bona Fide Occupational Qualification Exception In particular, this Note: - Religious Exceptions and Exemptions•Where Discrimination Can Occur relationship.•Identifies the risks and potential liability for discriminationclaims at various stages of the pre-employment process.•Identifies exceptions to the general prohibition against pre-employment discrimination. - Language of Job Descriptions- Employment Applications- Selecting Interviewees- Location and Timing of the Interview- Interview Questions Employment Relationships employment agreements to ensure no language may bemisconstrued as a representation about the permanencyof employment. For more information on employeehandbooks, seePractice Note, Employee Handbooks: Best employers should be wary of inadvertently convertingat-will employmentinto afor-cause employmentrelationship during the interviewing and recruiting process. discipline policies are necessary. If they are, those policiesshould expressly state that they are not intended to alter theindividual’s at-will employment status. or employer at any time, for any reason, unless the reason isunlawful, such as a discriminatory reason. the employee handbook stating that the employmentrelationship is at-will. reason specified in an employment contract as grounds fortermination. Grounds for termination can include anythinglawfully contracted by the parties. For more information onpossible grounds for termination that may be specified in anemployment contract, seePractice Note, Negotiating andDrafting an Executive Employment Agreement: Termination relationship as conspicuous as possible, including usingbold and underlined text in all written materials where thelanguage appears. See, for example,Standard Document,Employee Handbook Acknowledgment. Risk of Discrimination Claims for-cause varies from state to state. For example, conversioncan occur if the employer makes oral or written representationsabout the nature of the employment relationship toprospective employees. Oral or written statements suggestingjob security, permanent employment, or that a position will beavailable provided that the employee performs their job, have employment process, from advertising and describing avacancy, to making an offer of employment. Employers shouldbe aware of the possibility for discrimination claims and ensurethat employees involved in the pre-employment process aretrained to avoid potentially discriminatory practices. (EEOC) may send testers through recruiting and interviewingprocesses to ensure compliance with federal employment anti-discrimination laws. The EEOC can bring independentclaims against an organization it bel