Issue link: http://psai.uberflip.com/i/1293694
ASSOCIATIONINSIGHT Portable Sanitation Association International News BIWEEKLY EDITION SEPTEMBER 30, 2020 Page 10 Keep Your Interviews Legal…continued from page 9 Topic Acceptable Unacceptable If Unacceptable, What Is the Reason Arrest and conviction 1 Have you ever been convicted of a felony? Have you ever been arrested? Could be considered racial discrimination Disabilities Can you perform the duties of the job for which you are applying? Do you have any disabilities? Could be considered discrimination against people with disabilities Disabilities None Have you ever filed a workers' compensation claim? Could be considered discrimination against people with disabilities Disabilities None Have you ever been injured on the job? Could be considered discrimination against people with disabilities Emergency contact information What is the name and address of the person who should be notified in case of an emergency? (Only ask for after hired.) What is the name and address of a relative who should be notified in case of emergency? Could be considered national origin discrimination and violate state anti-discrimination laws related to sexual orientation Credit record None Do you own your own home? Irrelevant and could be considered racial discrimination Credit record Credit references may be used if in compliance with the Fair Credit Reporting Act of 1970 and the Consumer Credit Reporting Reform Act of 1996. Have your wages ever been garnished? Irrelevant and could be considered racial discrimination Credit record None Have you ever declared bankruptcy? Irrelevant and could be considered racial discrimination Military record What type of education, training and work experience relevant to the job did you receive while in the military? What type of discharge did you receive? Irrelevant and could be considered racial discrimination Language What languages do you speak and write fluently? (if the job requires more than one language) What is your native language? How did you learn additional languages? Could be considered racial or national origin discrimination 1 Using arrest or conviction records as an absolute bar to employment disproportionately excludes certain racial groups. Therefore, such records should not be used in this manner unless there is a business need for their use. According to the EEOC, whether there is a business need to exclude persons with conviction records from particular jobs depends on the nature of the job, the nature and seriousness of the offense, and the length of time since the conviction or incarceration. In addition, some states bar the use of arrest records in employment decisions. Continued on page 17