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For an employer, ensuring that all interview questions are work-related is very important. Even if the employer does not hire the applicant, they still face the risk of having to legally defend themselves if the applicant feels discrimination affected the decision. Before asking an applicant a question, the employer should ask them self, “can I demonstrate a job-related necessity for asking this question?”
The abbrivation, BFOQ, means a bona fide occupational qualification. Some would call BFOQ, legal discrimination. A BFOQ is a legal provision that permits discrimination in the hiring or firing employees, if the person’s race, sex or nationality is qualification for that particular business. For example, there is a BFOQ for pilots and bus drivers which is a mandatory retirement age for the safety of the public. The employer must prove that people of a particular age, race, sex or heritage will not be able to work for their company because they will not be able to perform efficiently or safely.
When giving interviews, employers cover topics as race, military, education and conviction records. Race can only be used for legitimate purposes; Such as a Mexico travel agent hiring Mexican employee’s for their origin knowledge and bilingual skills. Any non-legitimate questions about race can be used as a basis for discrimination charges. It depends on the nature of a business for an employer to make decisions based on the arrest and conviction records. For example, a daycare program can discriminate against applicants with violent criminal records for obvious reasons.
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