According to the CDC, the “Equal Employment Opportunity is a principle that asserts that all people should have the right to work and advance on the bases of merit and ability, regardless of their race, sex, color, religion, disability, national origin, or age.” As an employer, it is critical that you keep this in mind during the hiring process. If you make a statement or ask a question that would be considered discriminatory, you could be looking at a possible lawsuit. Below are ways that you as a hiring manager can prevent discrimination during the hiring process.

Policies and Procedures

Most companies have policies in place that protect employees from discrimination. As a hiring manager, it is critical that these policies be reinforced during the hiring process. If there are no policies in place, it is the responsibility of the manager, HR Representative and/or any other upper management to establish these policies. This creates a solid set of boundaries and rules so everyone is in full understanding of behaviors is accepted in the workplace. This also provides protection by allowing employees and staff to submit complaints when they feel someone has violated these policies. During the hiring process, a copy of these policies and procedures should be available for each candidate.

Interview Questions

Because of discrimination laws, there are some questions that cannot legally be asked during an interview. As a hiring manager conducting interviews, you should have an up to date list of these topics and questions so you do not violate the candidate being interviewed. I understand that you still need to know information in order to make a good hiring decision; how you go about finding out information is very important. For example, if the job requires a drug test, you cannot ask a candidate if they hold a medical marijuana card. What you can do is tell them that the job requires a passed drug test and ask if there is any reason they feel they might not pass one. That will open the door for them to tell you if they have a medical marijuana card without you having to ask. It is not illegal or discriminatory if the candidate offers up information. Simply focusing on the job requirements and asking if the candidate will have any issues will help you get the information you need without incriminating yourself in the process.

Open Communication

During an interview, be sure that you have open communication with each candidate. Before they leave, be sure to address any questions they may have about the hiring process, position or company culture. Address any issues they may bring up so that they do not leave feeling unheard or discriminated against. If there are any issues within the interview, it is imperative that you try your best to resolve them before the candidate leaves. Keep in mind that a complaint could be filed if a candidate feels as though you treated them in a discriminatory way or that your questions were inappropriate. If there is an investigation, the EEOC may view the situation as a larger problem and question your overall character and management style. For this reason, you never want to ignore a complaint or issue that a candidate tries to address. The less effort you put into clearing up misunderstandings, the more likely you will be facing larger legal issues.

There is a lot of work involved in being a hiring manager or HR Representative for a company. One of the main responsibilities you have is to make sure that everyone feels as though they are being treated fairly. If you keep on top of policies and procedures, prep your interview questions ahead of time and keep open communication you should be well within your legal boundaries and able to focus on the overall job without too much stress over discrimination issues.