By the Employment Attorneys at Garg & Associates, PC, serving The Woodlands, Spring, Houston, Conroe, Humble, Kingwood, Tomball, Cypress, Huntsville, Westchase, Southwest, Sugar Land, West Oaks, Alief, Memorial, River Oaks, Stafford, Katy, and Missouri City.

What are some things I cannot ask a potential employee?

Care should be taken to ensure that when asking a potential employee questions in the application process. Certain questions are inherently risky. For example, asking a female applicant her marital status, numbers and ages of children, issues around pregnancy, or future child bearing plans may be discriminatory if it can be shown that these questions were used to eliminate otherwise qualified female applicants. Another set of questions that could be considered suspect are questions surrounding age. For example, requesting an applicant’s birth date is not inherently discriminatory, while making a hiring decision based upon age is illegal.  Asking about arrest records or military discharge may violate Title IV especially if these requirements are not relevant to the job applied for.

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