Equal Employment Opportunity: It Starts with Your Restaurant Interview Questions

Several federal employment anti-discrimination laws are enforced by the U.S. Equal Employment Opportunity Commission (EEOC). Many states have enacted mirror laws into their statutes. Small businesses can be saddled with crippling legal fees and penalties if they are sued for violation of these laws, as many do not have employment practices liability insurance coverage. Moreover, the negative publicity that follows can be devastating to the business’s reputation, particularly in light of social media.

• Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against any individual based on race, color, religion, sex, or national origin. Sex-based discrimination includes sexual orientation. Title VII of the Civil Rights Act of 1964 also prohibits employers from retaliating against an employee because he or she opposed unlawful discrimination.?
• The Equal Pay Act prohibits paying wages based on sex.
• The Pregnancy Discrimination Act makes it unlawful to discriminate against a woman who is pregnant. As the number of married and single mothers in the workforce increases, so have legal claims based on these laws.
• The Americans with Disabilities Act of 1990 (ADA) prohibits employers from discriminating based on disability.
• The Age Discrimination in Employment Act (ADEA) of 1967 prohibits employment discrimination against persons 40 years of age or older. Among other provisions, the ADAE makes it unlawful "to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual concerning his compensation, terms, conditions, or privileges of employment, because of such individual's age."

While you likely do not consider yourself sexist, bigoted, age-conscious, or insensitive to those who are different from you; nevertheless, it is easy to allow prejudices to influence hiring decisions if you are not actively aware of them. It is safe to assume that many people in "protected classes" know their rights; media attention to these matters has resulted in significant public awareness of civil rights.

Discrimination is hate, and there is no place for it in the workplace. Strive to be a person or organization who promotes diversity and commits to sustaining an inclusive culture.
– Germany Kent

Here are some pointers regarding interview questions for restaurants to help you avoid these claims. They do not replace qualified legal advice, but they might enlighten you about potential employment law pitfalls.

If you aren't disciplined in your interview process, letting "red flag" restaurant interview questions slip out is easy. Many companies carefully draft and review pattern interview questions for specific jobs that ensure each applicant is being judged on his or her merits and avoid questions that suggest selection bias. Even subtle interview questions for restaurants can raise the question of prejudice, such as:

• What religion are you? What church do you go to? (Suggests discrimination based on religion.)
• Do you plan to start a family? (Suggests discrimination based on the prospect of pregnancy.)
• What country do you come from? (Suggests discrimination based on national origin.)
• Are you married? (To a woman, it might suggest that the employer is concerned that she will become pregnant or does not need the income, and might choose to stop working, soon.)

The safest course of action is to avoid questions in the interview, other than those required for determining if the candidate can comply with the performance requirements and hours of the job. If you are concerned that your hiring decision might be discriminatory, it pays to confer with an employment attorney, who can look at your particular situation and the legal issues -- including whether you might be protected under "undue hardship" exceptions based on the laws of all applicable jurisdictions.

A detailed job description, outlining all essential functions and requirements of the job, is critical, particularly when avoiding discrimination of applicants. If the applicant honestly must be able to lift 50 pounds, be available on weekends, or possess a valid driver's license, then clearly state that in the job description.

Restaurant interview questions you should avoid include:

• Do you have a disability that will prevent you from doing this job?
• Will your disability interfere with your ability to do this job?
• How many days were you sick last year?
• Do you have (name of disease)? Again, you should address specific questions and concerns about your particular situation to a labor lawyer in your state.

A restaurant manager or owner might be prone to claims under the ADEA or state counterparts if she has an automatic bias for young employees.

Restaurant interview questions to avoid, include:

• When did you graduate from high school?
• How old are you?

To be safe, don't attempt to draft your employment agreement.Either use a pre-printed standard form designed and reviewed by labor law and human resource specialists or a custom form reviewed and approved by your labor attorney. In either case, applications should be periodically reviewed to make sure that the questions asked are proper and to make sure that the application protects the employer. They should be periodically reviewed by employment and labor law experts. Be advised that labor law constantly evolves in the federal and state legislatures and courts.

For more valuable guidance to ensure your restaurant is staying compliant and avoiding any claims or negative press, listen to our webinar Compliance for Restaurants, read Restaurant Labor Compliance and What to Do When Employees Become Plaintiffs. Also, download our free Restaurant Application for Employment for a head start when you create the application for your business.

Have a profitable week!

The RestaurantOwner.com Team