How to Understand What Information a Employer Can Legally Require From an Employee

Posted by Anonymous , 9/5/2007 Tags:UnderstandInformationEmployerLegallyRequireFromEmployee
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How to Understand What Information a Employer Can Legally Require From an Employee

Introduction

The Equal Employment Opportunity Commission (EEOC) ensures that all employers adhere to federal antidiscrimination laws. According to its rules, there are certain questions that employers may not ask job applicants. Follow these steps to stay within the law.

Instructions

Difficulty: Moderately Easy

Understand the Information You Can Legally Acquire From Your Employees

Steps

1

Step One

Examine the EEOC's Web site (see Resources below). The site details which questions you are specifically prohibited from asking during the hiring process.
2

Step Two

Avoid asking questions that do not directly pertain to the applicant's qualifications and availability. Don't ask about religious affiliation, marital status and sexual orientation, among other things.
3

Step Three

Run your company's employment application by a qualified business law attorney. The attorney can tell you if any questions on the form violate EEOC guidelines. An attorney also can identify which questions you may ask under current federal law. Find a qualified attorney from the American Bar Association (see Resources below).

Overall Tips & Warnings

  • The EEOC specifies that employers keep solicited resum??s on file for at least a year, but makes no such requirements regarding unsolicited resum??s.
  • Be careful in your resum?? retention practices. If you keep some unsolicited resum??s and throw away others, you could open yourself up to a discrimination claim.

Overall Things You'll Need

  • Internet access
  • Computer
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