How to Avoid Hiring Lawsuits: The Bias-Free Questioning Model

Get your free training video now and find out how you can learn the critical information you need to know about a job candidate without putting yourself at risk for a hiring lawsuit. You’ll learn:

  • The “Bias-Free Questioning Model” – a strategy for asking sensitive questions without triggering lawsuits
  • Which interview questions put you at risk in “the big six” areas of discrimination
  • Why job descriptions are key to reducing legal exposure in the hiring process.

Why are we giving you all of this for free? Because it’s the best way we know to introduce you to a new approach to employment law compliance training.

Here’s how it works: Request your video on avoiding hiring lawsuits now and we’ll email you a user name and password that gives you instant access to the Employment Law Compliance & Human Resources Rapid Learning Centers. There you’ll find your free video on avoiding hiring lawsuits and a collection of other training resources for managers, supervisors and HR professionals. You’ll have unlimited trial access to this powerful library of e-learning modules, reports and fast-read articles.

More information for those who love the details …

The truth about hiring

Here’s the dilemma you face as a hiring manager: You want to dig, dig and dig some more to learn all you can about a candidate. Unfortunately, the more you learn about a person, the higher your risk of provoking a discrimination lawsuit. If you don’t know that a candidate is a Muslim, is pregnant or is a recovering alcoholic, it would be hard for the person to make a case that you discriminated. But if you do know … well, you’re more likely to ask an inappropriate question. And if you don’t hire the person, you’re more likely to get sued for discrimination.

The Big Six areas of hiring discrimination lawsuits

Let’s start with how to phrase questions using the Bias-Free Questioning Model. The key is to avoid any reference to a job candidate’s disability, age, gender, national origin, race or religion and focus exclusively on the applicant’s behavior, knowledge and ability to perform the job.

    1. Disability: Using the Bias-Free Questioning Model you’ll learn about in this free video, you can ask “Can you perform the essential functions required of this position, with or without reasonable accommodation?” Phrasing the question this way gives you the information you need without having to mention the applicant’s disability.
    2. Age: Though some state laws differ, federal laws says people over 40 can sue you if age played a role in your hiring decision. Of course you can’t ask job candidates directly, “How old are you?” But the law says you can’t even ask questions that might reveal clues to the applicant’s age (such as, when they went to college). The free video provides insights on how to sidestep other common mistakes that could land you in court.


Get your free video on the Bias-Free Questioning Model now and learn the best way to learn what you need to know, while avoiding discriminatory practices

    1. Gender: Gender discrimination covers a lot more ground than many hiring managers realize. It’s not just a matter of, “are you a man or a woman.” That’s usually obvious. Interviewers also have to tread carefully when address questions such as, “are you married,” “do you have kids,” “are you planning a family.” The free “Hiring Lawsuits” video shows you how to navigate this legal minefield.
    2. National Origin: Often, discriminatory questions arise when you’re trying to find out whether a person has the right to work in the U.S. A good rule of thumb is as follows: Prior to hiring a person, ask no questions about national origin, and do not ask for proof of work authorization. Find out what you can ask in the free video.


The Bias-Free Questioning Model will give you everything you need to keep you on the right side of the law in hiring interviews. Claim your free guide now.

  1. Race: Many race lawsuits are caused by idle comments that could suggest that race was a factor in a hiring decision. For example, an interviewer examining a resume looks up at a candidate and says, “La-Neishah. Hmmm, is that a family name?” That sounds innocent enough, but a job candidate could easily feel that the interviewer was unduly focused on her African-American heritage. Lawsuits have been filed because interviewers made comments about a person’s skin, eye color, hair color, dress and jewelry. The video will help you avoid these trouble spots.
  2. Religion: You can’t inquire into an applicant’s religious faith, denomination, or affiliation, except in those rare instances where religion is a bona fide occupational qualification. A carefully crafted job description is your best defense to prevent claims of religious discrimination. Find out why in this free “Hiring Lawsuits” video.

Get your video on hiring lawsuits and the Bias-Free Questioning Model as part of your free trial to the Employment Law Compliance & Human Resources Rapid Learning Centers.


Steve Meyer
Stephen Meyer
CEO, Rapid Learning Institute


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