A great deal of work is obviously required to adequately screen job applicants. In the course of conducting these investigations, it is important for employers to avoid additional problems by asking the wrong questions or giving out improper or inaccurate information to the applicant.
- Impermissible Questions: As discussed earlier, the Michigan Department of Civil Rights’ Pre-employment Inquiry Guide is a good, general guide as to the types of questions that can and cannot be asked of job applicants, either in writing or orally.
- Physical Access to the Application Process: Under both the ADA and the MPDCRA, employers must assure that the means of applying for work are readily available to persons protected by those Acts.
- Affirmative Action Plan Obligations: Not every employer is required to have and abide by an affirmative action plan (AAP). In fact, most employers do not have to have such plans.
- Job Security or Discharge Standard Representations: If an employer desires to maintain an employment-at-will discharge standard, all persons involved in the interviewing process must be trained to not make representations to applicants that are contrary to this standard.
- Misrepresentations of Fact: Employer representatives must take care to only give accurate information to applicants. If a question regarding pay, employment status, or benefits is asked and the interviewer is not sure of the answer, it is safer to admit not knowing the answer than to supply false information.
Excerpted from the Michigan Chamber’s 2014 Employment Law Handbook authored by attorneys from the Miller Canfield law firm.
View these on-demand webinars for more information:
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