GNYADA November 2016 Newsletter

14 5 Off-Limits Questions in Job Interviews

Our GNYADA Dealer Hotline receives frequent calls asking what questions employers are permitted to ask job appli- cants. Not only are these rules complex, they also change regularly. The key is to avoid interview questions that may — directly or indirectly — lead to discrimination against the interviewee. Per state and federal law, asking these ques- tions (or using the wrong wording) may subject the employer to litigation.

Below is a partial list of off-limits inquiries that employers mistakenly ask, but which must be avoided:

1. Are you married? This personal information does not correlate to one’s ability to perform job tasks. Answers may also inad- vertently reveal even more detailed personal informa- tion, such as sexual orientation, inclination toward having children, or marital history (divorce, etc.). It doesn’t matter if the dealership seeks to create a “family atmosphere”; asking this question is imper- missible. Even asking for emergency contact infor- mation may only be done post-hire! 2. How old are you? This question is blocked to prevent age discrimina- tion. As long as the applicant can perform the duties of the position, age may not be a factor in hiring them. Similar questions that may nudge the inter- viewee to reveal their age are also banned, such as “What is your year of birth?” or “What are the ages of your children?” The only age-related question interviewers may ask is, “Are you over the age of 18”? 3. Of what country / countries are you a citizen? The only question relating to citizenship that inter- viewers are permitted to ask is whether the applicant is eligible to work in the U.S. Questions relating to

4. To what organizations / societies / clubs do you belong? Answers to such questions threaten to expose a wealth of private information: religion, politics, social background, etc. The New York Legal Activities law prohibits employers from making decisions based upon an employee’s lawful off-duty conduct. Employers may only inquire about an appli- cant's membership in any organizations that the applicant feels could affect their ability to perform the job. For example, if their group meets during dealership workhours. 5. Have you ever been arrested? Relying on arrest records has been deemed discrimi- natory toward minority job applicants. Interviewers may be able to ask, “Have you ever been convicted of a crime?” However, that can only be asked outside of New York City, per Ban the Box Act, passed by the City Council in June of 2015. Even outside the City, dealers must demonstrate that they considered the 8-factors of the New York Corrections Law , which include the age of the individual at the time of the conviction, the passage of time and, most impor- tantly, the link between the conviction and the pro- posed job duties.

countries of origin or immigration status are prohibited. (It is also unlawful to ask what an applicant’s native language is.)

GNYADA recommends that dealers prepare boiler- plate lists of questions for separate departments

(Service, BDC, etc.), to ask when hiring positions for each. Having standardized lists shows that all applicants for similar positions

are treated equally and also cuts down on the chances that an off- limits question will be asked.

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • November 2016

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