GREAT 136 IDEA: Know What Not to Ask Job Applicants

When 100 small business owners were asked if they had ever asked a job applicant any of the following questions during an interview, all of them said “yes.”

• Have you ever filed a workers' compensation claim?
• Do you have any physical problems or injuries?
• How many sick days did you take off last year?
• Are you currently taking any medication?
• Have you ever been treated for drug abuse?

Actually, it's illegal to ask applicants any of these questions, according to my legal experts.

In addition to asking the wrong questions, small business owners are also at risk when it comes to complying with the Americans with Disabilities Act (ADA) and a zillion other employment-related laws. It doesn't matter that you are too busy to keep up with current regulations. Ignorance of the law is no defense if a prospective employee decides to file a complaint or sue you.

The best way to stay out of trouble during an interview is to stick to questions relevant to the prospective employee's ability to perform the essential functions of the job—nothing more. You can ask about their proficiency in a specific software program or whether they like to write proposals.

Take a minute to ask your attorney to review your interview questions. And if you don't have a written employee manual outlining policies and procedures, get busy. There are lots of fill-in-the-blank templates you can buy to get you started.