The process of hiring new employees can often be a legal minefield for early-stage companies. Below is a list of considerations to keep in mind during the pre-interview, interview, and post-interview processes.

Risky Questions During A Job Interview

The job interview process is important to ensure your early-stage company obtains the right talent. You should focus the interview questions on areas of identifying the skills and abilities necessary to perform the job, establishing any traveling or scheduling expectations, setting the salary range or pay scale, and ensuring the applicants meet the job’s minimum qualifications. All interview questions should be prepared to elicit information relevant to those areas.

As an employer, you should avoid questions that are not job-related, particularly if the questions elicit information relating to a legally protected class. Such questions could expose an employer to liability for discrimination. Our team of experienced employment attorneys would be happy to review your company’s interview policy and questions to reduce your risk in this area.

Avoid Questions Related to Disabilities

Under what situation can a disability-related question be asked is difficult for new employers to navigate. You should generally avoid asking disabilities related questions during the interview. The Americans with Disabilities Act (ADA) generally prohibits employers from asking about an applicant’s disabilities, asking whether a reasonable accommodation is needed, or conducting a medical examination before extending a job offer. However, if an applicant has an obvious or known disability, an employer can ask if an accommodation is needed to perform the job. If you are an employer and have disabilities related questions for your workplace or interview process, contact us here.

Avoid Age-Related Questions

An employer should not ask an applicant’s age unless age is a bona fide occupational qualification for the position.

Avoid Asking About Legal Claims against Prior Employers

An employer should not ask job applicants about legal claims against prior employers.

When to Avoid Accessing Social Media

An employer may legally access an applicant’s online social media page if the page is accessible to the public. However, an employer should consider the risks of accessing even public information about an applicant, as it may reveal the applicant’s membership in a protected class. Even if the applicant has made such information public, the employer should not make decisions based on the applicant’s legally protected characteristics.

California employers may not ask job applicants or employees to disclose social media log-in credentials, access personal social media in the employer’s presence, or divulge any personal social media content. Cal. Lab. Code § 980(b).

Our firm’s series of employment law-related pages addresses various employment and labor law issues that may arise when starting a start-up or expanding a business. It is meant to be a general guide, not a comprehensive list of key considerations. As many venture capital-financed start-ups are headquartered in California, this series of articles covers highlights of federal employment law and some specific to California employment law which tends to be more protective of employee rights than the law of other states. Related pages, if any, to this Article include those linked below.

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