Rochelle Eisenberg: The first thing I would do would be to have a set list of questions that I would ask each employee, that way you cannot be accused of asking men one set of questions and women another set of questions. I would jot down their answers and I would keep those sheets for about two or three years because in the event a lawsuit is filed, I would want to be able to show well I asked the same question to everyone.
Mary Keating: And it is only natural that you as an employer want to ask an employee questions that will elicit something to make you think that the person will fit in with your culture. The line that is usually crossed just when you get too intrusive into private lives.
Rochelle Eisenberg: You are not allowed to ask where were you born, because that could invoke some kind of national or region discrimination. You certainly do not want to ask women whether they intend to have children because it is the kind of sexual discrimination question that is somewhat easy to challenge. I always remember that for my first job as an attorney where I worked for 24 years, by the way, I got the job; this was back in the days where women weren't hired and I was asked, you are married, what is your husband do and are you planning on having children, who is going to take care of them? I didn't think anything was odd about that. I had the answers for all of it and I was hired again. Nowadays if I didn't get that job, man, I would be at the EEOC in two seconds filling my charge of discrimination and winning.
Mary Keating: Are you looking for somebody who is going to be dedicated to the job? Ask that kind of question. What is your history? What kind of hours can you put in here?
Rochelle Eisenberg: You don't want to ask about arrests because statistically more African-Americans are arrested in proportion to the population than let's say the white population. You can ask about convictions. The best rule is don't ask the question if you don't know what you are going to do with the answer.
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