I run a small business and recently conducted a Zoom job interview. The applicant commented on the family photos on the shelf behind me, saying how cute my kids were. I then asked her if she had kids. She clearly got uncomfortable and answered no. I then received a complaint letter from her attorney who said that I asked an illegal question. It was just an innocent exchange. How much trouble am I in?
I wouldn’t fear an attorney who doesn’t know that it’s not illegal to ask a personal question such as “do you have children?” It is only illegal to discriminate against an applicant for such reasons. So unless you didn’t hire her because she doesn’t have children — and since the question was an innocent conversational exchange based on her commenting on your kids — you are not in any trouble. It’s good practice to avoid directly asking personal questions as if it is part of the interview, but in a friendly exchange where friendly personal matters come up naturally? Don’t sweat it. Incidentally, you may consider recording your Zoom interviews so there is evidence of the exchanges.
My employer made a commitment to sustainability and programs to limit the company’s carbon emissions. I made it clear that I made my employment decision on that basis. Now we have a new leader who doesn’t want to invest in this area and honor that ethic. Do I have grounds for quitting and getting some sort of compensation for misrepresentation about the job?
Companies change their strategies and priorities all the time as they respond to market conditions, performance and so on. It’s not misrepresentation. Imagine the chaos if every employee who disagreed with the company’s changes could make the same claim. If your job was directly related to sustainability and environmental, social, and governance (ESG) and now your job has completely changed, well, you could make a claim that your job has in effect been eliminated and potentially collect unemployment. If you’re laid off as a result of the changes, you would get that and whatever severance the company provides.
Gregory Giangrande has over 25 years of experience as a chief human resources executive. Hear Greg Weds. at 9:35 a.m. on iHeartRadio 710 WOR with Len Berman and Michael Riedel. E-mail: GoToGreg@NYPost.com. Follow: GoToGreg.com and on
Twitter: @GregGiangrande