Berks County Bar Association The Berks Barrister Spring 2019 - 13

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during breaks, or "after 5," all of which
is "compensable" time for wages and
overtime, but often overlooked.

When Hiring, Ask the Right
Questions

First, let's consider job applications.
Attorney/employers may use standard
pre-printed employment applications.
However, preprinted forms, wherever
sourced, have not necessarily kept pace
with changes in the law. Forms that elicit
protected characteristic information, such
as age, should be avoided. Before using a
preprinted form again, keep these "best
practices" in mind:
* Do NOT use forms that request
protected status information

* Do NOT request medical histories

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* Do NOT require medical exams prior
to an offer of employment

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* Do NOT ask about citizenship

CONVERSELY, THE FORM:

* SHOULD notify the applicant about
a background check
* SHOULD notify the applicant about
a criminal history search
* SHOULD notify the applicant about
a post-offer medical exam
Remember, if you are located in the
City of Reading, its Human Relations
Ordinance "bans the box" that would
request prior arrest and conviction
information!
The candidate's application is appealing.
So it's on to the interview process. When
viewed through the lens of compliance
with anti-discrimination laws, and antiretaliation provisions of labor laws, the
employment interview is a carefully
choreographed exchange of information,
disguised as casual conversation. In the
attorney's effort to sound conversational,
too often the topic can slip into
"protected status" territory. Again, there
are "best practices" to adhere to because
the attorney employer does not need
"protected" information in order to make
an employment decision. What follows
is another short list of interview topics to
avoid:
* Marital status/plans

* Living arrangements/roommates, etc.

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* Age

* Children; their ages, etc.

* Political/social organizations (even if
on the resume)
* Medical/health conditions (Physical
or Mental)
* Religious affiliations

Even though an applicant's resume
discloses it, or it is raised by the candidate
in an interview (in other words, the

applicant "opened the door") don't allow
yourself to slip into that inadvertent
discussion of protected status, regardless
of how innocuous the reference may be.
The candidate for the job opening
aced the interview and now the attorney/
employer is ready to prepare an offer
letter. The employment offer should be
short, AND consistent with the terms
and conditions of the firm's employment
policies.
Continued on next page
Spring 2019 | 13
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Berks County Bar Association The Berks Barrister Spring 2019

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