Unit 4 Professional Communication HR Training Talk

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Feb 20, 2024

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1 Unit 4 Professional Communication: HR Training Talk Mychael Barrett Department of Health Administration, ECPI University (Online) 202306E OL HCA300 AO: Healthcare Administration & Regulation Instructor Crystal Collette July 16, 2023

2 Unit 4 Professional Communication: HR Training Talk Hello team, today we will be discussing the ethical importance of inquiring information on perspective candidates as well as employees in the workplace. Our goal is to create an open space for one another that reflects the moral standards for equal employment opportunity and helps us understand where to draw the line as well as avoid lawsuits for unfair hiring practices. Above all else, it is equally important to avoid offending any employees or candidates by victimizing their circumstances or by making them uncomfortable in the workplace. Here are some following examples of which questions to avoid in the process: ILLEGAL QUESTIONS Question 1 : Are you in good health? If not, have you had any past illnesses or operations? It's illegal for employers to ask a potential candidate if they are in good health or if they have had any past illnesses or operations, according to The Americans with Disabilities Act (ADA), this prevents an employer from asking about the health conditions of a prospective employee. The guiding principle of the ADA is to force employers to focus on applicants' skills rather than on their disabilities (Mason-Draffen, 2006). Question 2: Are you a US citizen? If not, what is your background? Inquiries about an individual's citizenship or county of birth are prohibited and can be perceived as discrimination on the basis of the individual's national origin. The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual's citizenship or immigration status (U.S. Equal Employment Opportunity Commission, n.d.). Question 3: Are you pregnant? Are you trying to have a family? In accordance with federal law, employers are not prohibited from asking about the pregnancy status or intentions of an employee or candidate. Nevertheless, it is prohibited to use personal information to make hiring decisions as part of an interview question. It is also illegal to discriminate against because of the combination of pregnancy and any other protected categories, such as race or age (U.S. Equal Employment Opportunity Commission, n.d.). The use of such questions may indicate a potential intent to discriminate based on pregnancy, and we are recommended not to use them. Question 4: What gender do you identify as? As title VII (7) of the Civil Rights Act states, asking discriminatory questions during an interview process regarding the applicant's gender or any other non-job-

3 related factor is illegal during the interview process. (U.S. Equal Employment Opportunity Commission, 2021). No matter what state or local laws exist, Title VII protects employees from discrimination based on sexual orientation or gender identity. Question 5: What is your religion? What denomination are you under? Title VII (7) of the Civil Rights Act also states that it's illegal to ask discriminatory questions during the interview process about the applicant's religion (U.S. Equal Employment Opportunity Commission, 2021). Any questions about an applicant's religious affiliation or beliefs (unless the religion is a bona fide occupational qualification (BFOQ)), are generally viewed as non-job-related and problematic under federal law (U.S. Equal Employment Opportunity Commission, n.d.). LEGAL QUESTIONS Question 1: What education do you have? This question pertains to the qualification of skills an employee or candidate has obtained in order to perform the duties and tasks of the job at hand. Question 2: Do you have the legal right to work in the United States? The Immigration Reform and Control Act requires you to verify your employees' eligibility status, even those we may know to be U.S. citizens (nexus IT group, 2022). However, the same act also prohibits you from asking people to prove their citizenship or work status; but this usually pertains to before an offer of employment is made. Question 3: Are you able to perform the tasks of this job and in a safe manner? As a result of this question, a candidate or employee is able to convey how and to what extent they are disabled, rather than pinning their circumstances on them and providing a platform for judgement. This query pertains to the qualifications that may be required to carry out the duties and responsibilities of the job in question. It is our duty as an employer to clarify that the invitation has a voluntary nature, and applicants must be aware of this fact. Ensuring them that refusing to provide information won’t have an impact on their treatment.

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4 References Mason-Draffen, C. (2006, April 9). Can an employer legally ask an applicant about current illnesses? Washington.edu. Retrieved July 14, 2023, from https://www.washington.edu/doit/can-employer-legally-ask-applicant-about- current-illnesses#:~:text=%22The%20Americans%20with%20Disabilities %20Act,rather%20than%20on%20their%20disabilities . U.S. Equal Employment Opportunity Commission. (n.d.). Citizenship Discrimination & Workplace Laws. US EEOC. Retrieved July 14, 2023, from https://www.eeoc.gov/national-origin-discrimination#:~:text=Citizenship %20Discrimination%20%26%20Workplace%20Laws,individual’s%20citizenship %20or%20immigration%20status . U.S. Equal Employment Opportunity Commission. (n.d.). Pregnancy Discrimination - FAQs . US EEOC. Retrieved July 14, 2023, from https://www.eeoc.gov/youth/pregnancy-discrimination-faqs#:~:text=Federal %20law%20does%20not%20prohibit,avoid%20these%20types%20of %20questions . U.S. Equal Employment Opportunity Commission. (2021, June 15). Protections Against Employment Discrimination Based on Sexual Orientation or Gender Identity. US EEOC. Retrieved July 14, 2023, from https://www.eeoc.gov/laws/guidance/protections-against-employment- discrimination-based-sexual-orientation-or-gender#:~:text=As%20a%20federal %20law%2C%20Title,of%20state%20or%20local%20laws . U.S. Equal Employment Opportunity Commission. (n.d.). Pre-Employment Inquiries and Religious Affiliation or Beliefs. US EEOC. Retrieved July 15, 2023, from https://www.eeoc.gov/national-origin-discrimination#:~:text=Citizenship %20Discrimination%20%26%20Workplace%20Laws,individual’s%20citizenship %20or%20immigration%20status . nexus IT group. (2022, May 13). Can I Ask an Employee If They Are a U.S. Citizen? Nexus IT Group. Retrieved July 15, 2023, from https://nexusitgroup.com/blog/can-i-ask-an-employee-if-they-are-a-u-s- citizen#:~:text=When%20You%20Can%20Ask,status%20before%20offering %20them%20employment .

Unit 4 Professional Communication HR Training Talk

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