Q. Are there any questions we cannot or should not ask a reference when screening applicants? —B.B., Louisiana
A. Don't ask a reference any question you cannot ask the applicant directly. Avoid questions that could support a claim of discrimination or indicate retaliation. A good rule of thumb is to make sure that each question is job-related.
Questions to avoid include workers' comp claim history, whether the individual has ever filed a claim of discrimination against the employer, or whether the applicant has attempted to organize a union.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Are there ADA implications if we ask applicants to take personality tests?
- Bipolar worker making threats: Accommodate or terminate?
- Courts: Truckers' breaks covered by federal--not California--law
- Remind supervisors: No temper tantrums allowed