Alabama Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Alabama Pre-Employment Inquiries (Interviewing): What you need to know

Alabama does not have a comprehensive fair employment practices law that prohibits discrimination. Furthermore, Alabama does not restrict the types of questions applicants may be asked, either on an application form or in a job interview. However, employers with 15 or more employees are subject to federal equal employment law under Title VII of the Civil Rights Act of 1964 (Title VII) and the Genetic Information Nondiscrimination Act (GINA).
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Alabama does have an age bias law that prohibits employment practices that discriminate on the basis of age. As a general rule, an employer would violate this law by asking questions designed to reveal an applicant's age (AL Code Sec. 25-1-20). The law covers private employers with 20 or more employees and protects employees who are at least 40 years old. Employers with 20 or more employees are also subject to the requirements of the federal Age Discrimination in Employment Act (ADEA)..
State law prohibits state agencies and employers receiving state funds from discriminating against job applicants on the basis of disability (AL Code Sec. 21-7-8). These employers should avoid asking applicants disability-related questions.
In addition, some Alabama employers may have obligations under the federal Americans with Disabilities Act (ADA), which allows a covered employer to ask only whether a job applicant can perform the duties of the job in question. The ADA covers private and state and local government employers with 15 or more employees. There is more information on the ADA.
Before recruiting for a job, employers should develop a complete and accurate job description that identifies the essential functions of the job. After ...

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