Question#1: What's your HIV status?
The A-Z of legal recruitment
Did you know there are 11 legal requirements for recruitment?
Do you know how the Employment Equity Act affects your job advertisement?
Do you know what checks you can legally conduct on an applicant?
Are you sure your employment contract includes the 16 clauses the law says you must have?
If you don't have all of these aspects correct, you'll be on the wrong side of the law when it comes to your recruitment process.
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You simply CAN'T discriminate against an employee based on his HIV status.
So avoid asking this question unless you have a Supreme Court Order allowing you to do so, which in itself is a very rare thing to get…
Question#2: What's your sexual orientation?
The answer to this question should hold very little to absolutely no relevance towards your decision to employ a candidate.
Attaching any relevance, especially personal relevance, amounts to unfair discrimination, so avoid tis question.
Question#3: Have you ever been arrested or hold a criminal record?
All citizens have the right to employment and so you can't discriminate against someone based on their arrest record.
This question will only really be relevant if you're hiring in the banking or finance sector.
But even in that case, you could only discriminate if the arrest was connected to something like fraud.
So if you want to find out this information, you should be careful as to how you phrase this question. For example: 'Have you ever been arrested or convicted for embezzlement or fraud?'
*Those were 3 of the 6 questions to avoid when holding an interview.
To find out what the other 3 are, simply page over to chapter R 03
in your Practical Guide to Human Resources Management
handbook, or click here
if you don't already have a copy of this fantastic resource.